What to Know Wednesday

Traveling Abroad with a Pending Form I-485, Application to Register Permanent Residence or Adjust Status

If you have applied for a green card through adjustment of status (Form I-485), you may assume that travel outside the United States is still possible.  However, leaving the country without proper authorization can result in your application being considered abandoned—jeopardizing your immigration future.

Here is what you need to know:

1.  A Pending Form I-485 Does Not Equal Travel Authorization

Filing Form I-485 allows you to seek lawful permanent residency from within the United States, but it does not give you automatic permission to travel internationally while your application is pending.  If you depart the U.S. without advance permission, the USCIS will consider your I-485 abandoned and deny your application.

2.  Advance Parole:  The Travel Document You Need

To travel abroad while waiting on a green card, you must first apply for and receive Advance Parole (Form I-131).  This document authorizes you to leave and re-enter the U.S. without affecting your pending AOS case.

Important:  You must receive the Advance Parole approval notice and physical document before leaving the country.  Filing the application alone is not enough.

3.  Exceptions for Certain Dual-Intent Visas

Individuals in H-1B or L-1 status may be able to travel internationally while their I-485 is pending without Advance Parole, thanks to the “dual intent” doctrine.  However, these cases are highly fact-specific and must be carefully reviewed with an attorney to avoid status violations or reentry issues.

4.  Risks of Traveling Without Proper Authorization

Leaving the U.S. while your green card application is pending--without Advance Parole or appropriate visa status—can result in:

• Automatic denial of your I-485
• Difficulty reentering the U.S.
• Loss of eligibility for adjustment of status

Even emergency travel requires planning to avoid these risks.

Plan Ahead to Protect Your Green Card Case

Before making any international travel plans, consult with an immigration attorney.  The timing, visa category, and status at the time of departure all factor into whether travel is legally safe.  A short trip without the proper document can have long-term consequences.

Need guidance on Advance Parole or planning travel with a pending Form I-485?  Contact Stommes Immigration at [email protected] for trusted advice tailored to your case.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].