If you have filed Form I-485, Application to Register Permanent Residence or Adjust Status, international travel is not as simple as booking a ticket. In most cases, leaving the United States without prior travel authorization will cause U.S. Citizenship and Immigration Services (USCIS) to treat your application as abandoned. This means your green card request could be denied. Understanding when you can travel, and under what conditions, is essential to protecting your case.
Why International Travel Is Restricted
Once your I-485 is pending, you are in a period of authorized stay but not yet a lawful permanent resident. USCIS rules require most applicants to obtain a travel document called Advance Parole before leaving the U.S. Without it, your application may be denied for abandonment, even if your trip is brief.
Advance Parole: Required for Most Applicants
Advance Parole, requested using Form I-131, allows many adjustment applicants to travel abroad and return without abandoning their green card application. To use it safely:
- Apply for Advance Parole before traveling.
- Wait for approval and the physical document before departing.
- Carry your Advance Parole document, passport, and other required identification when reentering.
Who Should Avoid Travel Even with Advance Parole
Advance Parole does not guarantee reentry. U.S. Customs and Border Protection (CBP) may refuse admission to individuals who are inadmissible under immigration law. Travel is especially risky for:
- Those with prior immigration violations.
- Individuals with certain criminal records.
- Applicants currently in removal proceedings.
Domestic Travel
Travel within the United States is generally permitted while your I-485 is pending. Keep government-issued photo identification and your I-485 receipt notice with you in case you need to verify your status.
Emergency Travel Before Approval
If you must travel due to an emergency before receiving Advance Parole, you can request an expedited appointment at a USCIS field office. Evidence of the emergency, such as medical or funeral records, will be required. Approval is not guaranteed.
Conclusion
Traveling internationally after filing for adjustment of status requires careful planning. Most applicants need Advance Parole to avoid having their case denied as abandoned. Even with it, reentry is not guaranteed. Before making travel plans, consult an experienced immigration attorney to ensure you understand the risks and requirements.
Schedule a Consultation with an Immigration Lawyer
Citations
- Form I-131: Application for Travel Document – USCIS
- Form I-485: Adjustment of Status – USCIS
- USCIS Processing Times
We Can Help!
If you have questions regarding a U.S. immigration matter, 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. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
