When you’re in the process of adjusting your status in the United States, traveling on Advance Parole might seem like a good idea. However, it’s important to fully understand the implications of traveling while your application for permanent residency is pending. The process of adjustment of status, often referred to as the green card process, involves several steps, and it’s crucial that any action you take during this time doesn’t jeopardize your application.
This page post explores the key aspects of traveling on Advance Parole, helping you navigate the risks, rules, and procedures involved. If you’re considering traveling abroad while your green card application is in progress, here’s what you need to know to protect your status.
What Is Advance Parole? 
Advance Parole is a travel document issued by the United States Citizenship and Immigration Services (USCIS) that allows individuals to re-enter the U.S. after traveling abroad while their adjustment of status application is pending. If you leave the U.S. without this document while your green card application is under review, it may be considered an abandonment of your application. This could result in the denial of your adjustment of status application, meaning you would lose the opportunity to adjust to lawful permanent resident status.
For individuals seeking to travel abroad while their adjustment of status is pending, Advance Parole is the only legal way to do so without jeopardizing their application. The U.S. government grants this permission to allow applicants the flexibility to visit their home countries, attend family events, or deal with emergency situations while their application is being processed.
Can You Travel While Your Adjustment of Status Application Is Pending?
It’s possible to travel while your adjustment of status application is pending, but only if you have obtained Advance Parole. Without it, leaving the country could be disastrous for your application. If you depart the U.S. without Advance Parole, USCIS may view it as abandoning your case. This would likely result in your application being denied, and you may be required to restart the process or face other complications, such as being unable to return to the U.S.
Therefore, obtaining Advance Parole before traveling abroad is essential to ensure you don’t risk losing your green card application. If you leave the U.S. without it, you could face lengthy delays, additional fees, and a complicated legal situation that could take years to resolve.
When Should You Apply for Advance Parole?
You should apply for Advance Parole as soon as possible after filing your adjustment of status application. It is often advised that you apply as early as possible because it can take several months to receive approval. The application process involves submitting a form, paying fees, and providing supporting documents. The USCIS then processes the application, and once approved, you will receive the Advance Parole document, which will allow you to travel and re-enter the U.S. without issues.
However, it’s crucial not to travel until you have received the Advance Parole document. If you leave the country before your application is approved, you may not be able to return, even if your case is still pending.
It is also important to note that if you’re applying for Advance Parole as part of your adjustment of status, it’s typically not recommended to travel until your application for Advance Parole is granted. Although the process can be lengthy, traveling before receiving approval may result in complications upon your return.
What Happens if You Leave Without Advance Parole?
If you leave the U.S. without Advance Parole, your application for adjustment of status may be considered abandoned. This means that your green card application could be denied, and you may lose your chance to adjust your status altogether.
In addition to this, you may face difficulties re-entering the U.S. when you return from your trip. Even if your green card application is still in process, leaving without Advance Parole may result in complications with border authorities. They could view your departure as an indication that you no longer intend to apply for permanent residency, leading to potential delays or denials.
For example, if you are in the U.S. on a temporary visa and leave without Advance Parole, it could also impact your visa status. You might face difficulty in re-entering the U.S. even if you have a valid visa. In many cases, individuals who leave the U.S. without Advance Parole face long-term immigration challenges.
The Risks of Traveling on Advance Parole
While Advance Parole can allow you to travel abroad while adjusting your status, it is not without its risks. One of the main risks is that traveling while your green card application is pending can draw additional scrutiny from USCIS or border officials. For instance, if you have a complicated immigration history, such as prior overstay violations, criminal issues, or previous immigration violations, your re-entry into the U.S. could be delayed or denied even if you have Advance Parole.
Moreover, certain situations may arise during your travel that can complicate matters. If you encounter legal issues while abroad, such as being detained or arrested, it could affect your ability to re-enter the U.S. when you return. Similarly, if you experience issues related to your immigration status while traveling, you could face additional obstacles to completing your adjustment process.
Therefore, before deciding to travel, it’s important to fully understand the risks associated with your unique situation. Consulting with an experienced immigration attorney is essential to assess the potential challenges you might face if you choose to travel while your adjustment of status is pending. They can help ensure that you are fully informed about the risks and assist in navigating potential complications.
How Long Is Advance Parole Valid?
The length of time Advance Parole is valid depends on the specifics of your case. Typically, Advance Parole is valid for one year. However, in some cases, the validity period may be shorter or longer, depending on the circumstances of your green card application.
If you need to travel again before your Advance Parole expires, you will likely need to apply for a new travel document. It’s crucial to ensure that you stay within the validity period of your Advance Parole to avoid complications when you return to the U.S.
What Happens if Your Advance Parole Application Is Denied?
If your Advance Parole application is denied, you cannot travel abroad until the denial is addressed. In some cases, a denial can be resolved by providing additional documentation or information, but in others, you may need to wait until your green card application is finalized before being allowed to travel.
In such cases, it is advisable to consult with your immigration attorney to determine the best course of action. They can provide guidance on how to proceed if your Advance Parole application is denied and how to ensure that your green card application is not affected. It’s important to understand that traveling without Advance Parole could cause serious issues with your application, and seeking professional legal advice is the best way to protect your status.
Traveling on Advance Parole while adjusting your status can be complex and potentially risky. Given the potential for complications, it is highly recommended that you consult with an experienced immigration attorney before making any travel decisions. An attorney can help assess your specific situation, explain your options, and provide legal advice to ensure that you don’t jeopardize your green card application.
Whether you are considering traveling for personal, family, or professional reasons, understanding the legalities and risks involved in Advance Parole is essential to ensuring the success of your immigration process.
For more personalized guidance on this matter or any other aspect of your immigration case, contact The Scheer Immigration Law Group today.