TRAVELING ABROAD AFTER APPLYING FOR ADJUSTMENT

Touring Jamaica on Vacation

Because the majority of foreign nationals change their visa category from non-immigrant status to “adjustee pending” starting the day the AOS Package was received by the USCIS, they are no longer allowed to travel abroad using their previous non-immigrant visa.  Nor are they allowed to travel while in their new “adjustee pending” status until they receive their Advance Parole Travel Authorization (approval of Form I-131) in the mail.

It generally takes 60-90 days to get the Advance Parole Travel Authorization in the mail after submitting the AOS package to the USCIS to the Chicago USCIS lockbox office. Non-refundable plane tickets should not be purchased during the Adjustment of Status processing period just to be safe.  Even if you have received permission to travel, your green card interview may be scheduled early (it is happening quite frequently lately) and it is better to postpone your trip than to try to reschedule the interview.

In most cases (except H-1B non-immigrant visa cases) if you travel abroad after you have submitted your AOS package but before you receive your Advance Parole Travel Authorization permit, the USCIS may consider your AOS package abandoned and you may be stranded outside the U.S. while your case is processed at a U.S. Consulate.

If you believe you might be subject to the 3/10 year bar for any reason but are issued an approved Advance Parole Travel Authorization, do not use it – the 3/10 year bars override the power of an Advance Parole Travel Authorization when trying to re-enter the U.S.

HELPFUL TIP: For most AOS applicants, the one year travel permit is now issued as in combination with the EAD (I-765 Employment Authorization) Card.  There is a regulation that states that the EAD card should be issued within 90 days (there is no similar regulation for the Advance Parole).  There is also a USCIS memo that states that if the EAD card has been pending more than 75 days and is causing a hardship, the applicant may request that the EAD card (which also happens to include the Advance Parole information on it) be expedited.

Questions?  Email danielle@immigrationworkvisa.com

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