Can You Travel While Waiting For An Adjustment To Your Immigration Status?

Many immigrants apply for an adjustment of status. By doing so, they are then able to obtain lawful permanent residency status, which allows them to live within the United States on a permanent basis.

The process of applying for, and obtaining, an adjustment of status, can be complicated. Outside of those complications, certain aspects of the process, such as whether or not one can travel, can be confusing.

 What Is An Adjustment Of Status? 

Within the United States, an “adjustment of status” must be used to apply for, and then obtain, an adjustment to their current immigration status.

The goal of an adjustment of status is to allow an immigrant to obtain lawful permanent residency status within the United States.

By obtaining lawful permanent residency status, within the United States, an immigrant will then be able to:

• Live in the United States on a permanent basis.
• Obtain a job in the United States.
• Open a bank account in the United States.
• Rent and/or own property in the United States.
• Reside anywhere in the United States.

Every single one of the above allows an immigrant to create, and then live, a good life in the United States.

Can You Travel While Waiting For An Adjustment To Your Immigration Status?

 The simple answer to this question is “Yes.” But, also “No.”

Someone who applied for an adjustment of status, but is still waiting for this adjustment to conclude, is allowed to travel. But, in order for this individual to travel, in a manner that does not affect their application, they must obtain an advance parole document.

Obtaining an advance parole document allows an individual to leave the United States for a period of time. Right after doing so, this same individual can come back and their application for an adjustment of status will remain valid.

A failure to obtain an advance parole document, before traveling, will not prevent an immigrant from traveling outside of the United States. But, what it will do is make their current application, for an adjustment of status, completely invalid.

How Can You Obtain Advance Parole? 

To obtain advance parole, there are certain steps that every immigrant must go through. The steps that an immigrant must go through are as follows:

• Fill out Form I-131.
• Clarify, within the form, why traveling outside of the United States is necessary.
• Clarify the pending adjustment of status that they are waiting for.
• Provide clear, specific evidence that supports the need for travel.

Going through this process may sound simple and easy. And, in some ways, it is. But, clarifying some of the key facts that advance parole requires can be challenging. Speaking with an immigration lawyer is the best way to go through these forms and obtain advance parole.

Speak With A Houston Immigration Lawyer

 You can travel outside of the United States, even while waiting for an adjustment to your immigration status. The act of obtaining advance parole, though, can be tricky.

Speak with a Houston immigration lawyer at BBA Immigration today. We will assist you in obtaining advance parole and allowing you to travel outside of the United States without affecting your current adjustment of status.

Sources: 

law.cornell.edu/wex/adjustment_of_status

uscis.gov/sites/default/files/document/guides/M-618.pdf

uscis.gov/i-131