If you're an immigrant in the United States going through the process of adjusting your status, obtaining a Green Card, and becoming a permanent resident, you may have questions about international travel. This article aims to provide accurate and detailed information about traveling outside the US while your Green Card application is pending. We'll cover the key aspects and potential risks involved to help you make an informed decision.

Understanding Adjustment of Status and Green Card Application

Adjustment of Status refers to the process of applying for permanent residency (Green Card) while staying in the US. If you are eligible, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, to seek lawful permanent resident status without leaving the country. Once your application is pending, you might wonder if international travel is permissible.

Traveling Outside the US While Green Card Application Is Pending

When your Form I-485 is pending, you should exercise caution before leaving the United States. Traveling internationally while your application is being processed may lead to certain risks:

Abandonment of the Green Card Application:

Leaving the US before your application is approved may result in the abandonment of your Green Card application. The United States Citizenship and Immigration Services (USCIS) might consider your departure as a signal that you no longer intend to pursue permanent residency.

Exception: Advance Parole (Form I-131):

In some cases, immigrants with pending Green Card applications may be eligible for an Advance Parole document (Form I-131). Advance Parole allows you to travel outside the US temporarily and return without abandoning your application. It is crucial to apply for Advance Parole before leaving the country.

Eligibility for Advance Parole

To be eligible for Advance Parole, you must demonstrate one of the following reasons for traveling:

- Educational purposes

- Employment purposes

- Humanitarian reasons

- Family emergencies

- Business obligations

It's important to consult with an immigration attorney or authorized representative to determine if you qualify for Advance Parole based on your specific circumstances.

Risks of Traveling Without Advance Parole:

If you travel outside the US while your Green Card application is pending without obtaining Advance Parole, it could lead to the following consequences:

Abandonment of Application:

As mentioned earlier, your departure might be viewed as an abandonment of your Green Card application, resulting in its denial.

Inadmissibility Issues:

Re-entering the US without Advance Parole, while your application is pending, could lead to potential inadmissibility issues. You might be denied entry or subjected to additional scrutiny at the border.

Delays and Complications:

Leaving the country without Advance Parole could lead to delays and complications in your immigration process, requiring you to start the application anew or face challenges with re-entry.

Conclusion

While it's natural to want to travel and visit loved ones while your Green Card application is pending, doing so without proper authorization could have serious consequences. Unless you have obtained Advance Parole, leaving the United States might result in the abandonment of your application or lead to inadmissibility issues upon return.

To ensure a smooth immigration journey, it is highly advisable to consult with an experienced immigration attorney or authorized representative. They can guide you through the process, help you determine your eligibility for Advance Parole, and provide invaluable support in obtaining your Green Card and becoming a permanent resident in the United States.