International travel while your I-485 Adjustment of Status application is pending requires careful consideration. We discuss international travel with a pending adjustment of status application and the exceptions for H1B and L1 Visa holders here.
Understanding the Risks of Unauthorized Departure
When you leave the United States without prior approval during the I-485 adjustment process, you signal to the United States Citizenship and Immigration Services (USCIS) that you are abandoning your application. This action has significant consequences, including the requirement to restart the immigration process from the beginning. It’s vital to obtain what’s known as Advance Parole before considering any international travel to avoid inadvertently forfeiting your chance at adjustment of status.
The Consequences of Traveling Without Approval
Traveling abroad without authorization risks abandoning your adjustment of status application. and can prevent your re-entry into the U.S. Before planning any international trip during this sensitive period, ensure you have secured Advance Parole or verified that your circumstances allow travel without jeopardizing your pending application. Failure to do so might delay your process and lead to a denial of re-entry until an immigrant visa can be issued from your country of origin.
International Travel on H-1B or L-1 Visas
For those on H-1B or L-1 visas, the rules slightly differ. Suppose you’re in good standing with your visa conditions and intend to return to the same employer in the U.S.. In that case, you may travel internationally without jeopardizing your pending I-485 application. However, it’s crucial to ensure:
- There are no ongoing immigration violations or proceedings against you.
- You have a confirmed job to return to with the same employer.
- Your H-1B or L-1 visa is valid for re-entry into the United States.
Conclusion
While an I-485 Adjustment of Status application is pending, international travel requires careful planning and adherence to specific guidelines. Unauthorized travel can lead to severe setbacks, including the abandonment of your application. However, travel is possible under certain conditions, such as holding a valid H-1B or L-1 visa and ensuring compliance with the stipulated requirements. Always verify your travel eligibility with USCIS or consult with immigration professionals to ensure your travel plans align with your adjustment of status.
Citations
- I-485, Application to Register Permanent Residence or Adjust Status
- I-131, Application for Travel Document
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You may have questions regarding U.S. immigration laws and visas. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
