Once you've submitted your Form I-485 (Application to Register Permanent Residence), traveling outside the United States becomes risky. Many applicants don’t realize that leaving the country without proper authorization may result in their application being considered abandoned.
In this post, we’ll walk you through the do's and don’ts of international travel while your Green Card is still pending.
1. What Is Advance Parole?
Advance Parole is a document issued by USCIS that allows you to re-enter the U.S. without losing your pending adjustment of status. You must apply using Form I-131, and it must be approved before you travel. If you leave the U.S. before obtaining it, your I-485 application may be denied.
2. Who Needs It?
If you're applying for a Green Card from within the U.S. (adjustment of status), you must get Advance Parole before traveling internationally unless you are in a valid H, L, or V visa category. Most applicants do not fall under these exceptions.
3. How Long Does It Take?
It can take 3 to 6 months to receive your Advance Parole document. Expedited processing is available in emergency cases (like illness or death in the family), but approval is not guaranteed.
4. What Happens Without It?
If you leave the U.S. without Advance Parole:
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Your I-485 application will be deemed abandoned.
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You will have to restart the Green Card process.
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Re-entry into the U.S. may be denied.
5. What If You Already Left?
If you already traveled without Advance Parole, consult an immigration attorney immediately. You may need to reapply from abroad or explore options like consular processing.
Final Thoughts
Traveling during your Green Card process should be avoided unless absolutely necessary. If you must travel, apply for Advance Parole early, and do not leave until you have it in hand. This one precaution could save your entire immigration journey.
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