Traveling While Your Immigration Case is Pending

Traveling outside the United States while your immigration case is pending can have serious consequences if you leave without the proper authorization. In many situations, applicants with a pending adjustment of status application must obtain Advance Parole before departing the country, or they may be considered to have abandoned their application.

At Robert M. Bell, our South Florida immigration attorneys regularly help clients determine whether Advance Parole applies to their case and avoid travel decisions that could unintentionally affect their immigration status.

What Exactly is Advance Parole?

Advance Parole is a travel document that allows certain noncitizens with pending immigration applications to request permission to leave the U.S. and seek parole back into the country without automatically abandoning their pending case. It’s commonly used by individuals with a pending Application to Register Permanent Residence or Adjust Status (Form I-485), although eligibility depends on the specific immigration benefit being sought.

It’s crucial to understand that Advance Parole is not a visa and doesn’t guarantee your admission into the U.S. Upon returning, you’re still subject to inspection by U.S. Customs and Border Protection, which determines whether parole into the country is appropriate.

Do You Need Advance Parole Before Traveling?

It depends on your situation, but many adjustment of status applicants do. For instance, someone applying for a green card from within the United States who travels abroad before obtaining Advance Parole may risk having the pending application treated as abandoned unless an exception applies. Certain nonimmigrants maintaining valid H, L, or other qualifying statuses may be subject to different rules.

What Happens If You Leave Without Advance Parole?

Leaving the U.S. without Advance Parole may result in abandonment of your pending adjustment application. Depending on your immigration history and circumstances, international travel may also create reentry issues, inadmissibility concerns, additional delays, or other immigration consequences. Limited regulatory exceptions may apply to certain nonimmigrant statuses, including H, L, K-3/K-4, and V.

How Do You Apply for Advance Parole in West Palm Beach?

You can apply for Advance Parole by filing Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, together with any required supporting documentation. USCIS reviews each request individually, and processing times can vary depending on your circumstances and the current agency workload. Keep in mind that applying doesn’t automatically mean you’ll be granted Advance Parole. You should wait for USCIS to issue it unless another exception applies to your situation.

Are There Exceptions to the Advance Parole Requirement?

Yes. Certain applicants may be permitted to travel without Advance Parole if they maintain qualifying nonimmigrant status, such as certain H or L classifications, and otherwise satisfy the applicable immigration requirements. Whether an exception applies depends on your current immigration status, the benefit you’re pursuing, and the purpose of your travel.

Planning to Travel While Your Immigration Case is Pending in West Palm Beach?

Our immigration lawyers in West Palm Beach can review your immigration status, pending applications, and travel plans to determine whether you need Advance Parole. We can also prepare your Advance Parole applications, explain the risks associated with international travel, and help you avoid mistakes that could delay or jeopardize your immigration case. Call Robert M. Bell at 954-241-4209 or contact us online for your confidential case assessment.