Travel During Adjustment Of Status.
During the Adjustment of Status process, applicants are considered to have abandoned an application if they leave the U.S.; however, two important exceptions apply.
An application for adjustment is not considered abandoned if the applicant receives advance permission to travel outside of the U.S., otherwise known as "Advance Parole." Advance Parole may be granted for any bona fide personal or business reason, although often the purpose for the trip must be documented and submitted along with the request. Please note that an Advance Parole does not guarantee that the alien would be allowed to re-enter the United States. Therefore, advice of an immigration attorney should always be sought before the alien leaves the U.S.
The second important exception to potential abandonment applies to a valid H or L category status applicants who may travel outside the U.S. during Adjustment proceedings without seeking Advance Parole, provided:
- Applicant intends to resume employment with the same employer for whom the original H or L visa was originally issued;
- Applicant is in possession of a valid H or L visa; and,
- Applicant is in possession of the original I-797 receipt, which acts as evidence of the filing of an Adjustment of Status application.
Dependents and spouses in lawful H or L status may also travel with the principal applicant as well, provided their dependent status remains valid per its terms.
Although the use of Advanced Parole by the holder of an H or L visa can prevent the abandonment of Adjustment proceedings, it may cause the cancellation of the H or L status of the holder. The decision to travel while an Adjustment of Status application is pending can impact the processing of the application, and in some cases, can be cause for the ultimate denial of the Adjustment of Status application. An immigration attorney should be consulted regarding this decision to ensure that the application is not jeopardized.
