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USCIS Revises Policy on Travel While AP is Pending

The policy regarding overseas travel, while an I-131 application for advance parole (AP) is pending, has been updated by the U.S. Citizenship and Immigration Services (USCIS). Effective immediately, the USCIS will not deny a pending I-131 renewal based on overseas travel by the applicant, as long as that individual has an unexpired AP document that remains valid through her/his return date to the United States. However, if a person with a pending I-131 application leaves the U.S. without a valid AP document, or if the AP document expires during the trip abroad, the pending I-131 will be denied.

Historically, Policy for Travel with Pending I-485 also Applied to Travel with Pending I-131

Generally, if an applicant for adjustment of status (form I-485) departs the U.S. while the application is still pending, the I-485 is considered abandoned and is denied. However, if the I-485 applicant is in valid L-1, L-2, H1B, H-4, K-3, K-4, or V nonimmigrant status, and remains eligible for that status upon returning to the U.S., the I-485 application is not considered to be abandoned. Similarly, if an I-485 applicant is issued an AP document prior to departing the U.S., which remains valid through the date the applicant returns from the overseas trip, the I-485 generally will not be impacted.

If an I-131 applicant travels based on a qualifying status (e.g., H1B, L-1) or an unexpired AP document, such travel typically will not impact the pending I-131. This abruptly changed in 2017, when the USCIS implemented a blanket policy of denying pending I-131 applications based on overseas travel. This generally did not impact any corresponding pending I-485, but did inconvenience many stakeholders unnecessarily.

Travel While I-485 and I-131 Pending

Ordinarily, if an applicant for adjustment of status (form I-485) departs the United States while the application is still pending, the I-485 is considered abandoned and therefore is denied. However, overseas travel typically will not cause the USCIS to deny a pending I-485 application if the applicant obtains a valid, unexpired AP document prior departing the U.S. Similarly, if the AOS applicant is in lawful L-1, L-2, H1B, H-4, K-3, K-4, or V status, and remains eligible for that status upon returning to the U.S., the USCIS does not consider the I-485 application to be abandoned, regardless of whether the individual has an AP document.

Historically, the USCIS essentially employed this same policy to one who traveled with a pending I-131 application. If a person with a pending I-131 application had an existing AP document that still was valid, or was in a qualifying status (particularly a dual intent status like L-1 or H1B), that individual generally could travel abroad without impacting the pending I-131. If the AP document was issued while the person was abroad, it still could not be used to reenter the U.S. at that time (i.e., the AP must be issued prior to departing the U.S. to be valid as a travel document for a particular trip). However, the individual still could return using the existing, unexpired AP document or the appropriate visa (e.g., L-1, H1B), and then use the newly issued AP to reenter the U.S. during future travel.

Change in Policy

Without any warning, in 2017, the USCIS changed its policy regarding travel with a pending I-131 application. Suddenly, the USCIS took the position that, if an I-131 application is pending, the application for AP will be denied, regardless of whether the applicant can return in a qualifying status. So, while the travel would not necessarily impact the pending I-485, this policy change made obtaining an AP document more challenging. Further detail on this policy shift is available in the MurthyDotCom NewsBrief, USCIS Denying Advance Parole Applications Based on Overseas Travel (10.Aug.2017).

Updated Policy

A USCIS webpage on emergency travel has been updated to lay out the new policy. “If you file form I-131 … to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending form I-131 will not be considered abandoned in this situation.”

Again, the policy regarding pending I-485s remains unchanged. A pending I-485 generally will not be impacted by overseas travel, as long as the individual either is in lawful L-1, L-2, H1B, H-4, K-3, K-4, or V status, and remains eligible for that status upon returning to the U.S., or has an AP document that remains valid through his/her date of return to the U.S. A pending I-131, on the other hand, will be denied if one travels abroad without a valid AP, as described above.

It is unfortunate that the USCIS is continuing to deny I-131 applications for those who travel abroad in qualifying statuses. Still, at least the updated policy does allow stakeholders with valid AP to travel without jeopardizing the pending I-131 applications.

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Home » Blog » Advance Parole Travel with Adjustment of Status

Advance Parole Travel with Adjustment of Status

January 23, 2024 Apply for Green Card Travel Documents

During the adjustment of status process, the applicant remains in the United States while waiting for their green card. But it can take several months to receive status as a permanent resident after filing Form I-485, Application to Adjust Status. Many applicants may want (or need) to travel abroad during this time for the purpose of visiting family, taking a vacation, or even tending to urgent matters. However, leaving without the proper documentation will likely put the beneficiary's adjustment of status application in jeopardy. Generally, an adjustment applicant that leaves the United States without an advance parole travel document will abandon the I-485 application and will have trouble re-entering.

Why is an advance parol travel document so important for I-485 applicants? How do I request advance parole with my adjustment of status case? How much does advance parole cost? What can I do if there is an urgent need to travel abroad? Does advance parole guarantee my re-entry to the U.S.? What else should I know about my advance parole travel document? Does every adjustment of status applicant need advance parole? How can I get help with this process

Why I-485 Applicants Must Obtain Advance Parole Travel Documentation

Non-citizens applying for a green card through adjustment of status generally must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Additionally, advance parole may be necessary to re-enter the U.S.

With a little planning, the adjustment of status applicant can obtain an advance parole document and easily avoid these problems. Advance parole for adjustment of status applicants resolves two issues:

• Allows the adjustment of status applicant to return to the U.S. after travel abroad without obtaining a visa; and
• Preserves a pending adjustment of status application (Form I-485) already filed with USCIS.

Typically, anyone with a pending I-485 that anticipates a need to leave the United States (even for a day) should obtain an advance parole travel document, but there are some exceptions to the requirement.

How to Apply for Advance Parole

Obtaining an advance parole travel document is fairly simple, particularly if you apply at the time of filing Form I-485, Application to Adjust Status.

Advance Parole Application Package

Adjustment of status applicants may use Form I-131, Application for Travel Document , to request Advance Parole. When preparing the advance parole application package, applicants should include all of the following items:

• Prepared and signed Form I-131, Application for Travel Document
• Copy of a government-issued identity document (with photo, name and date of birth) such as an Employment Authorization Card (EAD) or passport
• Two identical passport-style color photographs
• Copy of I-485 receipt notice (Form I-797C, Notice of Action) if I-485 was previously filed and is still pending

You can download the application and filing instructions from the USCIS website . Applicants that want some additional reassurance that their application is prepared correctly can use the CitizenPath. CitizenPath provides simple, step-by-step instructions and even guarantees that USCIS will approve the application. There is no sign up or fee to get started. You pay upon completion. Learn more about the Travel Document Package >

In most cases, there is no interview associated with the Form I-131 application.

When to Submit the I-131 Application

You may submit Form I-131 at any time that I-485 is pending. However, it's typically easiest (and fastest) to file Form I-131 concurrently with Form I-485

You may submit Form I-131 to request an advance parole travel document at the same time you submit your green card application. This is the quickest way to get your application in the queue for processing. If there's any chance you will travel while Form I-485 is pending, we recommend that you submit the application concurrently.

However, you may file Form I-131 at a later date if necessary. You will need the Form I-485 receipt number so that USCIS can link your case. We've found that I-131 applications submitted after the initial I-485 filing take longer to process.

Form I-485 Processing Time

Advance parole for adjustment of status applicants fees.

At the time of writing this article, there is no USCIS filing fee for Form I-131 when applying for an advance parole document based on adjustment of status. Normally, the Form I-131 fee for an advance parole travel document is $575. Specifically, there is no USCIS fee for advance parole if you filed a Form I-485 (adjustment of status application) on/after July 30, 2007, with a fee, and that I-485 application is still pending.

However, USCIS has announced a new fee structure that will change the filing fee for adjustment of status applicants. Once this new fee structure is implemented, I-485 will pay the full fee of $660 when filing Form I-131.

When filing Form I-131 for advance parole with a pending adjustment application, we recommend that you include a cover letter to explain why no fee is included. View a sample cover letter for Advance Parole >

New USCIS Fee Increase Published by Biden Administration

Urgent requests for an advance parole travel document.

USCIS processing times for Form I-131 are currently greater than six months for most cases. This could be a problem if you’re traveling for an extremely urgent situation. USCIS may expedite your case if you have a dire emergency and can evidence the urgent need to travel. USCIS is willing to consider an emergency request for advance parole on a case-by-case basis. You will need to provide evidence to support the emergency request (e.g. medical documentation, death certificate). If you are preparing your Advance Parole application through CitizenPath , we can also provide more detailed directions in your filing instructions.

What You Should Know About Advance Parole

An advance parole travel document is not a guarantee for re-entry to the United States. You are still subject to the standard immigration inspection at a port of entry to determine admissibility into the U.S.

If you have any period of unlawful presence in the U.S., consult with an attorney before filing Form I-131 or traveling abroad. Unlawful presence can include time after unlawfully entering the U.S. or time in the U.S. with an expired visa. If this may apply to you, speak to an experienced immigration attorney before attempting to request advance parole.

Generally, asylees and refugees should not travel to the country you claimed persecution. By returning to that country, your actions suggest that you do not fear persecution. Your application will be denied and could negatively affect your asylum/refugee status in the U.S. In some cases, there are legitimate reasons for returning to the country you claimed persecution. If this applies to you, please speak to an experienced immigration attorney before filing Form I-131.

Traveling with Advance Parole

Known formally as Form I-512L, Authorization for Parole of an Alien into the United States, the advance parole document, is often printed on a standard, letter-size piece of paper. It is generally valid for a period of one year. However, advance parole travel should be limited to a period of less than 90 days.

Applicants that applied for employment authorization concurrently may receive an Employment Authorization Card with “Serves as I-512 Advanced Parole" printed on the front.

Upon receiving the document from USCIS, review it to confirm all of the information is correct. An advance parole document will also include the last day that it may be used to re-enter the U.S. Be sure that your travel is complete and that you return before this date.

Take the original AP document with you when you leave the United States. You’ll need to present it before getting on a plane, ship, bus, or train headed back to the U.S. and to the Customs and Border Protection officer when you arrive.

When traveling with advance parole as an adjustment of status applicant, remember to:

• Take your original Advance Parole Document
• Take a photocopy of the I-797C Notice of Action confirming that your I-485 application was accepted
• Return before the deadline on your Advance Parole Document – leave extra time in case of travel delays

Exceptions to Advance Parole Requirements

In certain situations, adjustment of status applicants are not required to obtain an advance parole document. If you hold a valid H-1, H-4, K-3, K-4, L-1, L-2, V-2, or V-3 visa or status, you may travel without advance parole approval provided that you maintain your status. For example, you don’t need advance parole if you are traveling for the same employer that sponsored your H or L visa. The H or L status must be valid, and you must have evidence that you filed an adjustment of status application. Carry the Form I-797C Notice of Action that confirms you have filed Form I-485.

However, obtaining advance parole may be a useful strategy even if it isn't "required." For example, an H-1B worker may also have a pending adjustment of status case. If an H-1B renewal is denied while the beneficiary is outside the U.S., they will not be able to re-enter with H-1B status to resume the green card application process. By applying for and receiving an advance parole travel document before departing, that person has a backup strategy to re-enter the U.S. and finish adjustment of status (regardless of H-1B status).

About CitizenPath

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Adjustment of Status Package (Form I-485) , Travel Document Package (Form I-131) , and several other immigration services .

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Advance Parole: Frequently Asked Questions

Themes/Topics: Law & Policy

Geography: California, National

Audience: Undocumented Youth

Are you interested in traveling outside the U.S. with Advance Parole? Read on to learn some of the basics!

What is Advance Parole (AP)?

Advance Parole (AP) is a travel document issued by the U.S. Citizenship and Immigration Services (USCIS) that allows certain immigrants to travel outside of the United States and return lawfully.

How does it work?

You must apply for Advance Parole before leaving the country, and once you receive it, keep it with your passport and other important documents while you travel. An Advance Parole document does not replace your passport or the visas you will need to visit countries abroad. You’ll also need a passport issued by your country of birth and in some cases, visas, to visit most countries outside of the U.S.

It’s important to note that even with an Advance Parole document, it is still possible for you to be denied reentry to the U.S. by a Customs and Border Protection (CBP) officer. We recommend talking to an attorney about your unique situation before you travel.

Who is eligible for Advance Parole?

If you are a Deferred Action for Childhood Arrivals (DACA) recipient, you may apply for Advance Parole through USCIS under one of 3 categories: humanitarian, educational, or work purposes . If you have Temporary Protected Status (TPS), asylum/ refugee status, a pending green card, or certain other types of immigration avenues pending or approved, you might also be eligible to travel abroad; whether you need to request a special travel document in advance before you go will depend on several considerations – get legal help.

Keep in mind, approval of your Advance Parole application is not guaranteed. Consider making your travel arrangements with refundable tickets or investigate cancellation policies carefully in case it is unclear whether your application can be approved before your desired travel dates.

What are some examples of travel abroad that fall under the 3 categories?

What do i need to apply.

Our Advance Parole Travel Guide covers this under the “How to Apply for AP” section. Visit immigrantsrising.org/AP to learn about what materials you may need to provide to complete your Advance Parole application.

This resource is part of the Advance Parole project. To learn more, visit immigrantsrising.org/AP .