One of the most pressing questions for green card applicants is whether they can travel internationally while their adjustment of status application remains pending. The answer is complex and depends on several critical factors that could determine whether your green card application continues or gets abandoned entirely.
The Short Answer: Travel Without Proper Documentation Risks Everything
Green card applications will be terminated for leaving the U.S. while their application is pending unless they have a valid travel document. This fundamental rule means that unauthorized international travel during the green card process can result in the complete abandonment of your application, regardless of how much time and money you’ve invested.
When you file Form I-485 (Application for Adjustment of Status), you’re requesting to change your immigration status to that of a lawful permanent resident while remaining in the United States. Leaving the country without proper authorization signals to U.S. Citizenship and Immigration Services (USCIS) that you’ve abandoned this request to adjust status domestically.
Understanding Advance Parole: Your Key to Safe Travel
The solution to traveling while your green card is pending lies in obtaining advance parole through Form I-131, Application for Travel Document. An Advance Parole document allows current green card applicants to leave the United States for temporary travel and return without disrupting their green card (permanent resident card) application process.
What Is Advance Parole?
Advance parole is essentially pre-approval from USCIS to leave and re-enter the United States while maintaining your pending adjustment of status application. It serves as your travel document and re-entry permit, allowing you to travel internationally without jeopardizing your green card application.
Applicants for adjustment of status with a pending I-485 application are eligible to receive an Advance Parole travel document, which enables them to travel internationally without the need of an underlying visa while they wait for their green card to be approved.
The Critical Timing Requirement
Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. This timing requirement is absolute – you cannot apply for advance parole while already outside the United States.
Many applicants make the costly mistake of assuming they can apply for advance parole after they’ve already traveled. This is impossible and will result in the automatic abandonment of your green card application.
Who Can Apply for Advance Parole?
Not everyone with a pending green card application is eligible for advance parole. Eligibility depends on your current immigration status and the basis of your green card application:
Eligible Applicants
Adjustment of Status Applicants: Most individuals with pending Form I-485 applications can apply for advance parole, including:
- Employment-based green card applicants
- Family-based green card applicants
- Diversity visa lottery winners adjusting status
- Asylum seekers with pending I-485 applications
Pending Asylum Applications: Individuals with pending asylum applications can apply for advance parole, though travel to their home country could complicate their asylum case.
Temporary Protected Status (TPS) Holders: TPS beneficiaries can apply for advance parole for humanitarian, educational, or employment purposes.
Who Cannot Use Advance Parole
Certain categories of applicants face restrictions or complete prohibitions on using advance parole:
H-1B and L-1 Visa Holders: While these visa holders can technically apply for and use advance parole, doing so may have consequences for their nonimmigrant status. Using advance parole eliminates your ability to rely on your H-1B or L-1 status, making you dependent solely on your pending adjustment of status application.
Individuals in Removal Proceedings: Those in immigration court proceedings face complex considerations and should consult with an immigration attorney before applying for advance parole.
The Form I-131 Application Process
Filing Requirements
The advance parole application requires Form I-131, supporting documentation, and the appropriate filing fee. As of 2025, the filing fee for Form I-131 is $630, though fee waivers may be available for qualified applicants demonstrating financial hardship.
Required Documentation
Your Form I-131 application must include:
- A copy of your Form I-485 receipt notice
- Two passport-style photographs
- A copy of your current immigration document (visa, I-94, etc.)
- Evidence supporting your reason for travel
- Filing fee or fee waiver request
Processing Times and Planning Considerations
Current processing times for Form I-131 vary significantly by USCIS service center, typically ranging from 4 to 12 months. This extended processing time requires careful planning, as you cannot travel until you receive your approved advance parole document.
Many applicants file Form I-131 simultaneously with their Form I-485 to avoid delays. Even if you don’t have immediate travel plans, having an approved advance parole document provides flexibility for unexpected travel needs, such as family emergencies.
Risks and Complications of International Travel
Potential Re-entry Challenges
Even with valid advance parole, re-entering the United States isn’t guaranteed. Customs and Border Protection (CBP) officers have discretionary authority to deny entry, and they may question travelers extensively about their trip and immigration status.
Impact on Nonimmigrant Status
Using advance parole to re-enter the United States terminates most nonimmigrant statuses, including H-1B, L-1, and F-1 status. After using advance parole, you’re considered to be in “adjustment pending” status, which means you cannot fall back on your previous nonimmigrant classification if your green card application is denied.
Employment Authorization Complications
Employment authorization may only be granted after parole is approved. If you file Form I-765 while your Form I-131 parole request remains pending, USCIS may reject or deny your Form I-765. This timing consideration affects applicants who need work authorization while their cases are pending.
Travel to Certain Countries
Traveling to your home country or certain other countries while having a pending asylum application can severely damage your asylum case. Immigration officers may view such travel as evidence that you don’t face persecution in your home country.
Emergency Travel Situations
Expedited Processing Requests
USCIS may expedite advance parole applications in certain emergency situations, such as:
- Serious illness or death of a family member
- Critical business travel
- Educational opportunities with limited enrollment periods
- Humanitarian emergencies
Expedite requests require substantial documentation proving the emergency nature of your travel and may still take several weeks to process.
Alternative Options for Emergency Travel
In truly exceptional circumstances where advance parole cannot be obtained in time, some applicants may consider:
- Consular processing (though this requires withdrawing the I-485 application)
- Requesting humanitarian parole from outside the United States (extremely difficult and rarely granted)
Recent Policy Changes and Updates
Immigration policies and procedures continue to evolve. Recent changes affecting green card applicants include modifications to medical examination requirements and processing priorities. Documentation of having completed the COVID-19 vaccination is not required for any immigration medical examinations associated with adjustment applications pending on or after Jan. 20, 2025.
Staying informed about policy changes is crucial, as new regulations can affect travel document processing times and requirements.
Best Practices for Travel Planning
Start the Process Early
File your Form I-131 application as soon as possible after submitting your Form I-485, even if you don’t have immediate travel plans. The long processing times mean that having an approved advance parole document provides valuable flexibility.
Maintain Valid Status
Ensure your current immigration status remains valid while your applications are pending. Falling out of status can complicate your adjustment of status application and affect your eligibility for advance parole.
Document Everything
Keep copies of all application receipts, approval notices, and travel documents. Maintain records of your travel dates and purposes, as these may be relevant for future immigration applications or citizenship eligibility.
Plan for Delays
Processing times can be unpredictable, and unexpected delays are common. Build buffer time into your travel plans and have contingency arrangements for important events or commitments.
Working with Immigration Attorneys
The complexity of immigration law makes professional guidance valuable, especially for applicants with complicated cases or unique circumstances. An experienced immigration attorney can help you:
- Assess your eligibility for advance parole
- Prepare a complete and accurate Form I-131 application
- Navigate complications related to your specific immigration status
- Develop strategies for emergency travel situations
Common Mistakes to Avoid
Filing Form I-131 Too Late
Many applicants wait until they have concrete travel plans before filing Form I-131. Given the extended processing times, this approach often results in missed travel opportunities or, worse, unauthorized travel that abandons the green card application.
Misunderstanding the One-Year Travel Limitation
Some permanent residents confuse advance parole with the general rule that permanent residents shouldn’t travel outside the United States for more than one year. Advance parole documents typically authorize multiple trips over a two-year period, but each individual trip should still be temporary in nature.
Assuming Advance Parole Guarantees Re-entry
Having an approved advance parole document doesn’t guarantee re-admission to the United States. CBP officers maintain discretionary authority and may deny entry for various reasons, including concerns about the applicant’s intent or immigration history.
Financial Considerations
Application Fees
The cost of obtaining advance parole extends beyond the Form I-131 filing fee. Consider additional expenses such as:
- Attorney fees for application preparation
- Passport photograph costs
- Document translation and certification fees
- Potential expedite request fees
Fee Waiver Eligibility
USCIS offers fee waivers for applicants who demonstrate financial hardship. The fee waiver process requires extensive documentation of income, assets, and expenses, but it can provide significant savings for qualified applicants.
Conclusion: Navigate Carefully, Plan Thoroughly
Traveling while your green card application is pending requires careful planning, proper documentation, and a thorough understanding of the risks involved. You must apply for advance parole or a refugee travel document before you leave the U.S. If you do not, you may not be allowed to return to the U.S.
The consequences of unauthorized travel are severe and irreversible – your green card application will be abandoned, forcing you to start the entire process over again. However, with proper advance planning and the appropriate travel documents, you can travel internationally while maintaining your pending adjustment of status application.
Remember that immigration law is complex and constantly evolving. Stay informed about current policies, maintain accurate records of all your applications and travel, and consider working with qualified immigration professionals to navigate this critical period successfully.
For the most current information and official guidance, always consult the USCIS website at https://www.uscis.gov and the U.S. Customs and Border Protection website at https://www.cbp.gov. These official sources provide up-to-date forms, processing times, and policy updates that can affect your travel planning and green card application.
The journey to permanent residence is often lengthy and complex, but understanding your travel options and restrictions helps ensure that temporary trips don’t derail your long-term immigration goals. With proper preparation and documentation, you can maintain both your pending green card application and your ability to travel internationally when necessary.