Can I Travel After Filing for Adjustment of Status?
June 20, 2025
At Law Offices of Jeffrey A. Thompson, we often hear the question: “Can I travel after filing for adjustment of status?” It’s a common concern for many immigrants navigating the complex U.S. immigration system.
This blog post will explore the rules, restrictions, and requirements for international travel during the adjustment of status process. We’ll also discuss the crucial role of Advance Parole and how to obtain it for safe travel while your application is pending.
Understanding Adjustment of Status
What is Adjustment of Status?
Adjustment of Status (AOS) allows eligible individuals to apply for lawful permanent resident status (green card) without leaving the United States. This process forms a cornerstone of U.S. immigration law.
Eligibility for AOS
Not everyone qualifies for AOS. Applicants must be physically present in the U.S. and have a valid immigrant visa immediately available. Common categories include:
- Family-sponsored immigrants
- Employment-based immigrants
- Diversity visa winners
However, certain individuals (such as those who entered the U.S. without inspection) may not qualify for AOS.
Benefits of Choosing AOS
AOS offers several advantages over consular processing:
- Applicants can stay in the U.S. during the application process
- Potential reduction in family separation
- Possibility to apply for work authorization and travel documents while the case is pending
The AOS Process: Key Steps
Filing for AOS involves submitting Form I-485 and supporting documents to U.S. Citizenship and Immigration Services (USCIS). The process typically includes:
- Biometrics appointment
- Possible interview
- Thorough review of your application
Processing Times and Considerations
AOS processing times vary significantly. For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for June 2025.
These timeframes highlight the need for proper preparation and timely filing. Well-prepared applications (with meticulous attention to document gathering and form completion) often lead to smoother processes and fewer requests for additional evidence.
As we move forward to discuss travel restrictions during the AOS process, it’s important to note that understanding these basics forms the foundation for navigating the complexities of international travel while your application is pending.
Can You Travel During Adjustment of Status?
The General Rule: Stay in the United States
The safest approach during the Adjustment of Status (AOS) process is to remain in the United States. International travel without proper authorization can result in severe consequences, including the abandonment of your application. This means you could lose all your efforts and expenses up to that point, and you might need to restart the entire process.
Consequences of Unauthorized Travel
If you leave the U.S. without the proper travel document while your AOS is pending, USCIS will likely consider your application abandoned. This can lead to:
The Critical Role of Advance Parole
For those who must travel during the AOS process, obtaining an Advance Parole document is essential. This travel authorization allows you to leave and re-enter the U.S. without abandoning your pending AOS application. However, it’s important to note that Advance Parole does not guarantee re-entry; it simply preserves your pending AOS application.
How to Apply for Advance Parole
To obtain Advance Parole, you must file Form I-131 (Application for Travel Document) with USCIS. The current processing time for Advance Parole applications varies, and you should check the USCIS website for the most up-to-date information. Therefore, you should apply for Advance Parole as soon as possible after filing your AOS application.
Emergency Travel Considerations
In cases of genuine emergencies (such as a serious illness of a family member abroad), USCIS may expedite Advance Parole applications. However, these situations undergo evaluation on a case-by-case basis, and approval is not guaranteed.
As we move forward to discuss the specific steps and requirements for obtaining Advance Parole, it’s important to understand that proper planning and adherence to USCIS guidelines can significantly impact the success of your travel plans during the AOS process.
How to Get Advance Parole for Travel
Application Process
To apply for Advance Parole, you must submit Form I-131, Application for Travel Document, to U.S. Citizenship and Immigration Services (USCIS). You can file this form concurrently with your I-485 Adjustment of Status application or at any time while your AOS is pending.
When you complete Form I-131, focus on Part 2, which asks about your travel plans. You don’t need to provide specific dates, but you should indicate the general purpose of your travel (e.g., family obligations, business, or emergencies).
Required Documents and Fees
Your Advance Parole application must include several supporting documents:
As of June 2025, the filing fee for Form I-131 is $630. However, USCIS typically waives this fee if you file it concurrently with your I-485 or after USCIS has accepted your I-485.
Processing Times
USCIS processing times for Advance Parole applications vary. Historical National Median Processing Time for All USCIS Offices for Select Forms By Fiscal Year is available from Fiscal Year 2020 to 2025 (up to April 30, 2025).
Given these processing times, you should apply for Advance Parole well in advance of any planned travel. Try to submit your application as soon as possible after filing your I-485.
Important Considerations
A pending Advance Parole application does not authorize you to travel. You must wait until you receive the actual Advance Parole document before leaving the United States.
In emergency situations (such as a serious illness of a family member abroad), USCIS may expedite Advance Parole applications. However, USCIS does not guarantee approval for expedited processing and evaluates each case individually.
Advance Parole allows you to travel, but it does not guarantee re-entry into the United States. Upon your return, you will still need to undergo inspection by U.S. Customs and Border Protection.
Final Thoughts
The question “Can I travel after filing adjustment of status?” requires careful consideration. International travel during this process involves risks and potential consequences. Unauthorized departures may lead to application abandonment and jeopardize immigration status. Advance Parole provides a solution for those who must travel, but applicants should obtain it before leaving the country.
Proper planning and adherence to U.S. immigration laws are essential for successful travel during adjustment of status. Processing times for Advance Parole can vary, so applicants should apply well in advance of any planned trips. The physical document must be in hand before departure to ensure compliance with regulations.
Immigration law complexities warrant professional guidance. Law Offices of Jeffrey A. Thompson specializes in immigration matters and offers expert advice tailored to individual situations. Our team assists with adjustment of status processes, Advance Parole applications, and informed decision-making about travel during this critical period (ensuring protection of your application and immigration goals).
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