We generally advise against using your travel document (Advance Parole) to leave the U.S. for a vacation. Advance Parole during pending green card applications is primarily intended for emergent circumstances, such as urgent family matters or legitimate business purposes that require your presence abroad. Using it for leisure travel carries certain risks, including the possibility of delays or unexpected issues when re-entering the U.S. Moreover, USCIS or Customs and Border Protection officers may scrutinize your reason for travel, and if they believe the trip was not urgent or essential, it could complicate your green card application. It’s usually best to avoid international travel unless absolutely necessary until you receive your permanent green card to prevent any negative impact on your case.
Travel Restrictions
Will leaving the U.S. affect my pending green card application?
Leaving the U.S. without proper authorization can significantly impact your pending marriage-based green card application. If you have applied for Adjustment of Status (Form I-485) while in the U.S., leaving without obtaining Advance Parole (Form I-131) will cause your green card application to be considered abandoned, meaning USCIS will deny your request to adjust your status. This can result in major delays and additional costs, as you may need to start the process again from scratch. If you do need to travel, it’s essential to apply for Advance Parole before leaving the country to protect your application.
For those going through consular processing abroad, leaving the U.S. is not an issue, but you need to ensure all documents and interviews are completed before re-entering.
What is advance parole, and do I need it to travel?
Advance Parole is a travel document that allows you to leave and re-enter the United States while your marriage-based green card application is pending. If you’ve filed for Adjustment of Status (Form I-485) and want to travel abroad before your green card is approved, you need to obtain Advance Parole by submitting Form I-131. Without this document, leaving the U.S. will lead to your green card application being considered abandoned, which can result in denial.
Once approved, Advance Parole allows you to return to the U.S. and continue the green card process. It’s important to apply for it well before any planned travel, as processing can take several months.
Can I travel while my marriage-based green card is pending?
Yes, you can travel while your marriage-based green card is pending, but only if you have proper authorization. If you’re applying from within the U.S. (Adjustment of Status), you must obtain Advance Parole (Form I-131) before leaving the country. Advance Parole allows you to travel internationally and re-enter the U.S. without jeopardizing your green card application. Leaving the U.S. without Advance Parole will result in your adjustment of status application being considered abandoned, potentially ending your green card process.
If you’re applying through consular processing from abroad, you can generally travel freely until your immigrant visa is issued. Always keep in mind that any travel should be carefully timed to avoid delays or complications with your green card process.