The Catholic University of America

Travel while an Adjustment of Status Application is Pending

Individuals in the process of obtaining permanent residency are often concerns about periods when they can or cannot travel. With all the work that goes into preparing an appplication for permanent residency, this is understandable. The good news is that with careful planning and preparation, it is possible for many people who are in the "Adjustment of Status" stage to travel during the time the application is pending. 

The nonimmigrant classification held by the adjustment of status applicant will determine what he or she needs to file with USCIS before they travel, if anything. 

Nonimmigrant status held…

Should File….

Reason

E, H, L**

(includes dependents)

Nothing, but travel with receipt notice showing Adjustment of Status is pending

Immigration has already developed guidance that allows these status holders to travel and return on their current status without abandoning the adjustment of status applications as long as:

? they have not worked without permission

? they are returning to the same position/employer that sponsored their status

HOWEVER, if the H-1B visa in the passport is expired, it might be easier to get the travel document instead of going through the visa application process.

All others

Form I-131 Application for Travel Document requesting "advance parole"

These statuses do not incorporate the concept of dual intent. In order to preserve their non-immigrant status they must continue to have the intent to leave the U.S. For them, leaving the U.S. is seen as an abandonment of their application to adjust status. Advance Parole, gives them permission from Immigration to leave the U.S. and come back - not as a non-immigrant but as an intended immigrant.

** Adjustment applicants who have filed for advanced parole based on their adjustment of status application should also file for employment authorization.