Can I Leave the US While Awaiting My Adjustment of Status?
If you are in the middle of the US immigration process, it’s crucial to avoid any actions that could negatively affect your case. This might have you wondering—can I leave the US while my adjustment of status is pending? Yes, with the proper documentation, but you may not want to. Learn more about the requirements and risks here.
What is an Adjustment of Status?
An adjustment of status is the process of applying for lawful permanent resident status (also known as applying for a green card) when you already reside in the US. If you’re approved, you can continue living and working in the US and eventually apply for US citizenship. United States Citizenship and Immigration Services (USCIS) is the government agency responsible for processing your application.
Can You Travel While Awaiting a USCIS Adjustment of Status?
If you have a pending adjustment application, this means you have already filed Form I-485 to apply for a green card. After navigating the complex application process, you want to ensure you don’t make any mistakes that could jeopardize becoming a green card holder.
Do you want to visit your home country while your adjustment of status is pending? You’ll need to obtain an advance parole document. This is a temporary travel authorization that allows you to reenter the US without a visa. If your situation requires an advance parole travel document and you fail to obtain one, you will abandon your Form I-485 application. Therefore, it’s essential to consult an immigration attorney before leaving the country.
How to Obtain an Advance Parole Travel Document
Complete Form I-131, Application for Travel Document, and submit it to the USCIS. Be prepared to give specific dates and reasons for leaving the country. Submitting the form is not enough—you must await approval before you travel.
Risks of Traveling with a Pending Adjustment of Status Application
The border patrol officer inspecting you upon reentry to the US has the authority to deny reentry if they have reason to believe that you should not be admitted. In short, unless you have an urgent reason to leave the country, it’s best to remain in the United States while you await the outcome of your green card application.
For more information about immigration law and applying for an adjustment of status, reach out to Hurtubise Weber Law LLP. We can help you navigate the immigration application process! Call us today at (415) 849-1199 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, CA.