By Richard T. Herman, Esq.
Immigration Attorney | Herman Legal Group – The Law Firm for Immigrants
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Quick Answer Box
No – not without careful planning.Leaving the U.S. while your pending green card application (Form I-485) or visa application is in process can jeopardize your entire case unless you have the proper travel authorization, such as Advance Parole, or you hold a dual-intent visa (H-1B/L-1).
Why This Question Matters in 2025
With USCIS processing backlogs, global travel reopening, and stricter enforcement at ports-of-entry, many immigrants find themselves stuck between family abroad, loved ones, and the risk of “abandoning” their case. One short trip abroad — even to attend a funeral or make urgent travel plans — can cancel a pending green card application.
Fast Fact:
According to USCIS, any applicant for adjustment of status who leaves the U.S. without advance parole is presumed to have abandoned the application.
At a Glance — Travel While Your Case Is Pending
| Application Type | Can You Travel? | Documentation Required | Risk Level (2025) |
|---|---|---|---|
| Adjustment of Status (I-485) | Only with Advance Parole (Form I-131) | I-131 Approval Notice + Parole Document | High without parole |
| H-1B or L-1 with Pending I-485 | Yes, under dual intent rules | Valid H/L visa + job offer letter | Moderate |
| Consular Processing Abroad | Yes (before immigrant visa issued) | Valid passport + visa stamp | Moderate |
| Tourist (F-1, B-2) Filing AOS | Not recommended until Advance Parole approved | Parole or dual intent status | Very High |
Two Main Scenarios: Adjustment of Status vs Consular Processing
Adjustment of Status (AOS)
If you are a green card applicant applying for a green card from inside the United States through Form I-485, you are under USCIS jurisdiction. Green card applicants seeking to adjust status must maintain continuous presence in the U.S. and ensure their immigration status makes them eligible for adjustment of status. If you have a pending green card application, you generally need to obtain Advance Parole before traveling abroad to avoid abandoning your application. Successful adjustment of status results in obtaining lawful permanent resident status, which allows you to live and work permanently in the United States.
Important Note:
Leaving the U.S. before receiving Advance Parole means USCIS will treat your application as abandoned.
Advance Parole (Form I-131):
This travel document allows an applicant with a pending I-485 to return to the U.S. without losing the application. It must be approved before departure. A combo card serves as both an Employment Authorization Document (EAD) and an Advance Parole document, simplifying the process for applicants.
- File Form I-131 early — processing can take 3–6 months.
- Even with parole, CBP may still question admissibility at entry.
- Keep a copy of I-485 Receipt Notice and employment authorization if applicable.
Dual-Intent Exceptions:
Applicants in H-1B or L-1 status do not need advance parole as long as they hold a valid visa stamp and job offer.See analysis at Hooyou Law Firm.
Consular Processing
If you are applying for a green card abroad through the National Visa Center (NVC) and a U.S. consulate, immigration services and support are provided to help you navigate the process. Travel restrictions differ depending on your application status.
- You can travel freely until your immigrant visa is issued, but must keep your records and interview schedule current. Immigration services USCIS is responsible for processing your documents and managing your case, ensuring all requirements are met for your green card application.
- Once the visa is issued, you must enter the U.S. within the validity window (usually six months).
Need to Know:
Traveling to a third country during consular processing may delay your medical exam or security clearance.
What Happens If You Leave Without Permission?
Leaving without advance parole or a dual-intent visa abandons your application. If you leave the U.S. without proper authorization, you risk being denied entry when you attempt to return. Additionally, attempting to re-enter without the correct documentation can result in being placed in removal proceedings, where your case may be decided by an immigration judge.
That means:
- USCIS automatically denies your pending I-485.
- You lose the filing fees and must restart the process abroad.
- You may trigger bars to re-entry (3-year or 10-year unlawful presence bars).
- Future non-immigrant visas can be harder to obtain due to “immigrant intent.”
Key Insight:
Even short trips to Canada or Mexico count as “departures” under U.S. immigration law.
See the Bdz Law Guide to Adjustment-of-Status Travel.
Step-by-Step Guide: How to Prepare for Travel
1️⃣ Verify Your Status and Immigration Path
Identify if you are an AOS applicant (Form I-485) or a consular processing case abroad. Before making any travel plans, verify your current status and legal status, as your travel rights and reentry eligibility depend on these factors. Additionally, check your case status to ensure there are no pending issues or travel restrictions that could affect your ability to leave or reenter the U.S. Your travel rights depend on this distinction.
2️⃣ File Form I-131 (Early)
Apply for Advance Parole before booking travel.
When submitting Form I-131, be sure to include the required filing fee and all necessary supporting documents, such as proof of your immigration status and reasons for travel. After submission, your application will be processed by USCIS.
You can track processing times at USCIS Processing Times Tool.
3️⃣ Hold H-1B/L-1? Carry Your Documents
Keep your valid visa stamp, approval notice (I-797), and recent pay stubs or employment verification letter.
4️⃣ Avoid Travel After Biometrics Notice
If you miss a USCIS notice while abroad, your application may be denied for “failure to appear.”
5️⃣ Emergency Travel? Use Expedited Parole
In urgent situations, you can request advance parole and an expedited I-131 decision at your local USCIS field office. Documentation of the emergency (e.g., medical letter) is required.
Expert Tip:
Always carry copies of I-485, I-131, I-765 approvals, and your attorney’s contact information.
Special Considerations in 2025
Heightened Enforcement at Ports of Entry
CBP officers are increasingly scrutinizing returning parolees and dual-intent visa holders as part of heightened border protection measures. This has led to more frequent secondary inspection by CBP officers, where travelers may face additional questioning or screening beyond the initial entry checks.
Even with Advance Parole, re-entry is not guaranteed. Officers may ask about pending applications or immigrant intent.
Evolving USCIS Processing Delays
Form I-131 delays in 2025 average 4–6 months nationwide. USCIS issues various travel documents—including advance parole, re-entry permits, and refugee travel documents—for green card applicants, TPS holders, refugees, and permanent residents, and delays can affect all types of applicants. Applicants should avoid non-emergency travel until they receive an approval notice.
Immigration Policy and AI Screening
New cross-agency AI screening tools compare travel records and pending cases. AI systems may flag cases based on individual circumstances and specific circumstances, such as travel patterns or periods of absence that could indicate abandonment of residence. Travel histories inconsistent with declared residence may raise red flags during interviews.
Ohio Focus: Cleveland and Columbus Travel Concerns
Ohio has seen a steady rise in family-based green-card and employment-visa filings. Applicants in Cleveland and Columbus face the same federal rules but can benefit from local counsel familiar with regional field-office procedures.
Key Offices:
- Cleveland Field Office: 1240 East 9th Street, Cleveland, OH 44199
- Columbus Field Office: 395 East Broad Street, Columbus, OH 43215
Need to Know: The Cleveland Field Office has historically required in-person advance-parole inquiries for urgent requests; Columbus may refer cases to Detroit for certain categories.
For local guidance, schedule a consultation with Herman Legal Group, a multi-state immigration law firm serving clients nationwide and across Ohio.
Comparison of Top Law Firms for Travel-While-Pending Cases (2025)
| Law Firm | Headquarters | Strengths | Typical Clients |
|---|---|---|---|
| Herman Legal Group | Cleveland & Columbus, OH | 30 + years experience; multilingual staff; national reach; deep expertise in AOS + Advance Parole cases | Family-based and employment-based AOS applicants |
| Gardner & Mendoza, P.C. | Virginia Beach, VA | Family immigration and Advance Parole appeals | Marriage green-card cases |
| Mark Jacobs Law Firm | Dallas, TX | Employment visa and H-1B/L-1 dual-intent strategy | Professionals and investors |
| BDZ Law Group | Boston, MA | Adjustment-of-Status travel guides and litigation | AOS denials and waivers |
| Murthy Law Firm | Owings Mills, MD | High-volume H-1B/L-1 and green-card cases | Corporations and employees |
Expert Tip:
Always choose a firm with both AOS and CBP port-of-entry experience — re-entry admissibility is as important as I-485 strategy.
FAQs – Related Questions
Q: Can I travel domestically while my green card is pending?Yes. Domestic travel within the U.S. is allowed. Carry your passport, I-485 receipt notice, and valid I-D to show lawful status if asked. Traveling within the U.S. does not affect the adjustment of status application. Note: If you plan to travel internationally, different requirements and documentation apply.
Q: Can I travel abroad if my work visa is expiring?If your visa is expiring soon, renew it first. Otherwise, you may not be able to re-enter the U.S. even with Advance Parole.
Q: Can I use Advance Parole multiple times?Yes, if the document is still valid (usually for 1 year). However, if you file a new I-485, you’ll need a new I-131.
Q: Is travel allowed after my biometrics appointment but before interview?Technically yes (with parole), but avoid long trips. Temporary travel or temporary travel abroad is possible if you have proper authorization, such as Advance Parole. You must be present for USCIS interview and medical requests.
Q: What if I have TPS or DACA status?If you have Temporary Protected Status or are under deferred action (such as DACA), you may apply for Advance Parole for humanitarian reasons and may re-enter lawfully if approved. This can sometimes open paths to AOS. See the CLINIC Legal Guide.
Common Pitfalls and Misconceptions
Misconception 1: “Advance Parole guarantees re-entry.”
No — CBP officers retain discretion. Your admissibility may still be questioned.
Misconception 2: “Short trips to Canada don’t count.”
They do. Leaving the U.S. by any means — even for a few hours — is a departure under immigration law.
Misconception 3: “Once I file I-485, I’m safe to travel.”
Not until you receive I-131 approval or hold dual-intent status.
Important Note:
Certain asylum, TPS, and DACA holders—such applicants—have different parole rules; always verify before departure.
Legal Perspective – Why Leaving Can Jeopardize Your Case
The law under 8 CFR § 245.2(a)(4)(ii) makes it clear: a pending adjustment application is abandoned if the applicant departs without Advance Parole. U.S. Citizenship and Immigration Services (USCIS), also known as citizenship and immigration services, enforces this rule.
This rule exists because an I-485 assumes continuous physical presence in the U.S. during adjudication. Traveling outside the U.S. without Advance Parole while your green card application process is pending can result in the denial of your application. The ultimate goal of the adjustment of status process is to become a permanent resident, so it is crucial to follow all procedures to avoid jeopardizing your case.
Key Insight:
Once you leave without permission, you fall out of USCIS jurisdiction and into the Department of State’s domain, forcing you to restart through consular processing.
Best Practices for Travel with Pending Cases in 2025
- Check your travel eligibility before buying tickets.
- Wait for Advance Parole approval. No shortcuts.
- Keep copies of I-485/I-131/I-765 and valid passport.
- Notify USCIS of address changes using AR-11 Online Tool.
- Consult your lawyer before any international trip.
- Seek professional guidance from an immigration attorney to ensure you have the correct documentation and are prepared for any unexpected issues at the border.
- Obtain a re-entry permit if you are a lawful permanent resident planning to be outside the U.S. for a year or more, to facilitate smooth re-entry and compliance with immigration regulations.
Case Study Example
Maria, a Colombian national in Cleveland, filed I-485 based on marriage to a U.S. citizen. While waiting for Advance Parole, she flew to Bogotá to visit her sick father.
Upon return, she was denied boarding because her AOS was considered abandoned.
She had to restart her case via consular processing, costing months of delay and thousands in new fees.
Lesson:
Even compassionate reasons cannot overcome statutory abandonment without parole.
Key Takeaways
- Traveling abroad while a green card or visa application is pending can lead to automatic denial if done improperly.
- International travel during a pending case requires proper documentation and legal advice to avoid complications or denial of your application.
- Advance Parole (Form I-131) is essential for applicants inside the U.S. without dual-intent visas.
- H-1B and L-1 holders can travel, but must keep valid visa stamps and employment letters.
- Leaving before I-131 approval = abandonment of your I-485.
- Always consult an experienced immigration attorney, especially for emergencies.
- Cleveland and Columbus residents can contact the Herman Legal Group for tailored guidance.
- Always monitor USCIS processing times before travel.
- Even with Advance Parole, re-entry is not guaranteed — CBP makes the final call.
