Travel Plans: Pending I-485 And Country Visiting Options

If you have a pending I-485 application, it is generally not easy to leave the country. In most cases, you would need a specialised travel document to allow you to travel abroad and re-enter the US without abandoning your adjustment of status application. This document is known as an Advance Parole document, which must be issued by USCIS. Certain categories of nonimmigrant visa holders do not require an Advance Parole document to travel without abandoning their application for adjustment of status. If you're maintaining H-1B status and have a valid H-1B visa in your passport, you may travel outside of the US without affecting your I-485. Note that this doesn't work with all visas/statuses.

It is not easy to leave the country during this time

It is not easy to leave the country when your I-485 application is pending. This is because you need a specialised travel document to allow you to travel abroad and re-enter the US without abandoning your adjustment of status application. This document is known as an Advance Parole document, which must be issued by USCIS. If approved, you will receive an I-512L (Authorisation for Parole of an Alien into the United States).

If you are maintaining H-1B status and have a valid H-1B visa in your passport, you may travel outside of the US without affecting your I-485. However, this does not work with all visas/statuses. If you have a pending I-131, it will be cancelled when you leave the US before its approval. It is recommended that you file Form I-131 at the same time as your Form I-485. Certain categories of nonimmigrant visa holders do not require an Advance Parole document to travel without abandoning their application for adjustment of status.

The I-485 abandonment rules with respect to travel abroad are set forth in 8 CFR 245.2(a)(4) and specifically subsections (B) and (C). The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States.

Travelling while your adjustment of status is pending should be avoided whenever possible because it is not without risks.

You may need a specialised travel document to allow you to travel abroad and re-enter the US without abandoning your application

If you have a pending I-485 application, you may need a specialised travel document to allow you to travel abroad and re-enter the US without abandoning your application. This is known as an Advance Parole document, which must be issued by USCIS. If approved, you will receive an I-512L (Authorisation for Parole of an Alien into the United States).

Certain categories of nonimmigrant visa holders do not require an Advance Parole document to travel without abandoning their application. For example, if you are maintaining H-1B status and have a valid H-1B visa in your passport, you may travel outside of the US without affecting your I-485 application. However, this does not work with all visas/statuses.

If you have a pending I-131, it will be cancelled when you leave the US before its approval. For the fastest processing time, it is recommended that you file Form I-131 at the same time as your Form I-485. However, it is possible to request advance parole any time your I-485 continues to be pending.

It is important to understand the rules and requirements of international travel with a pending I-485 application to avoid denial due to abandonment. Traveling while your adjustment of status is pending should be avoided whenever possible because it is not without risks.

Certain categories of nonimmigrant visa holders do not require an Advance Parole document to travel without abandoning their application

If you have a pending I-485 application, it is generally not advisable to travel abroad. In most cases, you will need a specialised travel document, known as an Advance Parole document, to allow you to travel abroad and re-enter the US without abandoning your adjustment of status application.

However, certain categories of nonimmigrant visa holders do not require an Advance Parole document to travel without abandoning their application for adjustment of status. For example, if you are maintaining H-1B status and have a valid H-1B visa in your passport, you may travel outside of the US without affecting your I-485 application. It is important to note that this does not work with all visas/statuses, and it is recommended to consult an attorney for guidance on possible travel while your adjustment of status is pending.

To avoid denial of your I-485 application due to abandonment as a result of international travel, it is essential to understand the rules and requirements set forth in 8 CFR 245.2(a)(4), specifically subsections (B) and (C). These rules state that travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if the applicant was previously granted advance parole by the Service for such absences and was inspected and paroled upon returning to the United States.

Additionally, it is recommended to file Form I-131 at the same time as your Form I-485 to ensure the fastest processing time. However, it is possible to request advance parole at any time while your I-485 application is still pending.

If you're maintaining H-1B status and have a valid H-1B visa in your passport, you may travel outside of the US without affecting your I-485

In most cases, you will need a specialised travel document to allow you to travel abroad and re-enter the US without abandoning your adjustment of status application. This document is known as an Advance Parole document, which must be issued by USCIS. If approved, you will receive an I-512L (Authorisation for Parole of an Alien into the United States). Certain categories of nonimmigrant visa holders do not require an Advance Parole document to travel without abandoning their application for adjustment of status.

It is recommended that you file Form I-131 at the same time as your Form I-485 for the fastest processing time. However, it is possible to request advance parole any time your I-485 continues to be pending.

Traveling while your adjustment of status is pending should be avoided whenever possible because it is not without risks.

If you have a pending I-131, it will be cancelled when you leave the US before its approval

If you have a pending I-485 application, it is generally not advisable to travel outside of the US. This is because you will need a specialised travel document to allow you to travel abroad and re-enter the US without abandoning your adjustment of status application. This document is known as an Advance Parole document, which must be issued by USCIS. Certain categories of nonimmigrant visa holders do not require an Advance Parole document to travel without abandoning their application for adjustment of status. If you are maintaining H-1B status and have a valid H-1B visa in your passport, you may travel outside of the US without affecting your I-485.

The I-485 abandonment rules with respect to travel abroad are set forth in 8 CFR 245.2(a)(4) and specifically subsections (B) and (C). The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if they were previously granted advance parole by the Service for such absences, and were inspected and paroled upon returning to the United States.

If you leave the US before your I-131 is approved, it is null and void, even if USCIS ends up approving it later. If you leave before either your I-131 or I-485 are approved, the pending I-131 will be cancelled and the I-485 will be denied. You will then have to switch to consular processing to get back into the US.

Frequently asked questions