Key Takeaways:
- Travel outside the U.S. is possible with a pending I-485 application by obtaining Advance Parole.
- To obtain Advance Parole, file Form I-131 with USCIS well in advance of your planned travel.
- Consider factors like application processing, reentry, and length of stay abroad before traveling with a pending I-485 application.
Can I Travel Outside the U.S. With an I-485 Application Pending?
If you’re in the process of adjusting your status to become a lawful permanent resident of the United States, you might be wondering if traveling abroad is possible while your I-485 application is pending. The answer is yes, under specific circumstances and with the proper documentation known as Advance Parole.
Understanding Advance Parole
Advance Parole is a document that permits individuals with a pending I-485 application to travel internationally without jeopardizing their adjustment of status process. It is crucial to understand that if you depart the U.S. without this document, you may be considered as having abandoned your I-485 application.
How to Obtain Advance Parole
To secure Advance Parole, you must file Form I-131, Application for Travel Document, with U.S. Citizenship and Immigration Services (USCIS). Ensure that you apply well in advance of your planned travel as processing times can vary. If your trip is for emergent reasons, emergency Advance Parole may be requested in person at a USCIS field office.
Factors to Consider Before Traveling
- Application Processing: It’s important to note that your I-485 application continues to be processed even while you’re abroad. You should plan accordingly in case you need to return for a biometrics appointment or an interview.
- Reentry to the U.S.: Holding Advance Parole is not a guarantee of reentry. Upon return, you will be inspected by Customs and Border Protection (CBP) and must be admissible to enter the U.S.
- Length of Stay Abroad: Long stays outside the U.S. may impact your application or future citizenship eligibility. Consult with an immigration attorney if you expect to be outside the U.S. for an extended period.
Travel Safely and Responsibly
Remember to carry your Advance Parole document and a valid passport when you travel. Keep abreast of any changes in immigration policies during your travels, as they could affect your reentry.
Important Resources
For more information and updates on the adjustment of status process and travel with an I-485 application pending, refer to the following official resources:
- I-485, Application to Register Permanent Residence or Adjust Status: USCIS I-485
- Form I-131, Application for Travel Document: USCIS I-131
- USCIS Contact Center: USCIS Contact
To sum up, with a pending I-485 application, it is possible to travel outside the U.S. if you have received an Advance Parole. Take every step necessary to remain in compliance with immigration laws, and always plan ahead to ensure that your international travel doesn’t hinder your adjustment of status process.
So there you have it, my friends! You can jet-set across the globe with your pending I-485 application, as long as you have the magical document called Advance Parole. Just make sure you apply in advance, don’t overstay abroad, and always have your paperwork in order. For more juicy details on this and other immigration topics, hop on over to visaverge.com and unlock a world of knowledge. Happy travels!
FAQ’s to know:
FAQ 1: Can I travel outside the U.S. while my I-485 application is pending?
Yes, it is possible to travel outside the U.S. with a pending I-485 application, but you need to have an Advance Parole document. Without Advance Parole, leaving the country may be seen as abandoning your application.
FAQ 2: How can I obtain Advance Parole?
To obtain Advance Parole, you must file Form I-131, Application for Travel Document, with USCIS. It is advisable to apply well in advance of your planned travel to allow for processing time. In emergency situations, you may request emergency Advance Parole in person at a USCIS field office.
FAQ 3: What are the factors to consider before traveling with a pending I-485 application?
Before traveling, consider the processing of your I-485 application as it continues while you’re abroad. Be prepared to return for appointments or interviews. Holding Advance Parole does not guarantee reentry, and you must be deemed admissible by Customs and Border Protection. Additionally, extended stays abroad may impact your application or future citizenship eligibility, so consult with an immigration attorney if needed.
What did you learn? Answer below to know:
- True or False: Traveling outside the U.S. with a pending I-485 application can jeopardize your adjustment of status process.
- What form should you file to obtain Advance Parole?
a) Form I-485
b) Form I-131
c) Form I-130
d) Form I-864 - What document should you carry when traveling with a pending I-485 application and Advance Parole?
a) Valid passport
b) Valid driver’s license
c) Social Security card
d) Employment authorization document (EAD)
