Can I Leave the U.S. Before Receiving Advance Parole While My Adjustment of Status Application Is Pending?
If you have filed an Adjustment of Status (AOS) application, you must possess Advance Parole before leaving the U.S. or your AOS application may be considered abandoned and prevent you from returning to the U.S.
No, you should not leave the U.S. before receiving your Advance Parole document while your Adjustment of Status Application is pending. Some exceptions apply but may require additional evidence at the entry to the U.S. If you have to leave, it is highly recommended that you speak with an experienced immigration lawyer before you leave the country.
Individuals with pending Adjustment of Status Applications, (Form I-485) are considered to have abandoned their adjustment of status application upon leaving the U.S. A general exception to this rule is having an approved Advance Parole document before leaving the U.S.
Other exceptions may apply. As an example, if you are the beneficiary of an approved H-1B or L-1 petition and have an Adjustment of Status (AOS) application pending, you may not need to wait in the U.S. until Advance Parole is issued to you. However, you should consult with an immigration attorney before leaving the U.S. with a pending Adjustment of Status application regardless of your status, as this particular scenario can get very tricky.
The advance parole document serves as a temporary authorization for reentry into the U.S. with a pending Adjustment of Status (AOS) application. It is important to seek legal advice to confirm the need for an advance parole document before traveling.
Contact our office to request a consultation with an immigration attorney about your particular matter. During the consultation, we can identify if an advance parole document is required in your case, explain the application process, and discuss timelines. Contact our office at this link.
Remember that each case is different. Prior results do not guarantee a similar outcome.