Can I Travel Overseas While My Adjustment of Status Petition is Pending?

Yes, provided that you have first received advance parole. Generally, when individuals file for adjustment of status, they also request advance parole on Form I-131. The advance parole document allows individuals to be paroled into the United States upon their return from overseas travel for so long as the adjustment petition remains pending.

However, if an adjustment applicant leaves the United States before receiving his or her advance parole document, USCIS will likely determine that he or she has abandoned his or her adjustment application, which would result in the denial of the adjustment petition and forfeiture of the filing fees. It would also likely result in the individual needing to complete immigrant visa processing at a U.S. embassy or consulate overseas rather than in the United States.

In some cases, such as for those in H or L status, leaving the United States before the grant of advance parole would not result in the abandonment of the adjustment petition.  But, it is best practice to have one’s advance parole document in hand before traveling overseas unless compelling circumstances require otherwise or one has consulted with an immigration attorney prior to such travel.

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