Generally, when a beneficiary has a pending adjustment of status application through marriage, travel outside of the United States is not permitted nor recommended. Why? Well, because the adjustment of status application will be deemed abandoned and the beneficiary may not be allowed to reenter the U.S. upon return.
So, when is it okay to travel outside of the United States? When a beneficiary applies for adjustment of status, it is recommended to also apply advance parole (travel document). Once advance parole is approved and issued, travel outside of the U.S. may be permitted. However, there have been many instances where the beneficiary can end up receiving the physical green card before the advance parole petition is even adjudicated.
Let's change up the scenario: What if the beneficiary has a valid H-1B, L-1A or L-1B visa with a pending adjustment of status application through marriage and wants to travel outside of the United States? Special rules apply here. The H-1B, L-1A and L-1B visas are recognized as 'dual intent' visas. Dual intent visas allow a foreign national to enter the United States as a non-immigrant and continue in that status even though steps may have been taken towards obtaining a green card. These visa holders may depart the United States without being issued advance parole. But it's not that easy, an experienced immigration attorney will need to evaluate the situation and see whether travel outside of the United States is even possible. It is always wise to have your case reviewed prior to making any travel plans.
Let's change it again: What if the H1 or L1 visa holder who also has a marriage-based green card case pending in the U.S. actually gets advance parole and travels on it? What happens? Generally, that person may be readmitted in H1 or L1 status. But if they use their advance parole, they will be admitted as a parolee and that does not provide them with H1 or L1 status. Remember, the entry on advance parole is not considered an admission in any particular status, it's a separate form of entry known as parole.
Each person's situation is unique and there are always risks. That's why it is always recommended to seek a consultation with an experienced immigration attorney prior to travel. It is always best to get an understanding of what the regulations permit you to do. Safe travels!
This blog was written by Attorney Poonam Minhas for informational purposes only. This blog is not to be construed as legal advice nor a formation of an attorney-client relationship. If you have questions about your immigration case, you may contact our law firm to set up a consultation. [May 2024]
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