Foreigners with a pending status adjustment application to obtain permanent residence in the United States must act cautiously before planning any international travel. The U.S. Citizenship and Immigration Services warns that leaving the country without proper authorization can compromise or terminate the process to obtain a green card.
The warning is relevant for Latino communities in Texas, California, and Florida. These three states have the highest concentration of Hispanic migrants in the country. A mistake in travel can have serious consequences for the residency application process.
Specialized attorneys agree that anyone with a pending I-485 should not leave without an approved travel permit. That document is the Advance Parole. Without it, reentry may not be possible and the case is considered abandoned.
Which Migrants Face Greater Risk if They Travel?
Applicants with a pending Form I-485 who have not yet received an approved travel permit (Advance Parole) are at high risk. That form is the application for status adjustment to permanent residence. If you leave without Advance Parole, the application process can be terminated.
People who have already submitted the travel authorization request but whose approval has not yet been issued should not leave either. Having submitted the request is not sufficient. The approval must be in hand before traveling.
Foreigners whose original visa has already expired and depend solely on an active status adjustment file are also at risk. In that case, the visa is not useful for reentry. Only the active file and Advance Parole allow return.
People with immigration history or situations that could be reviewed again at the reentry checkpoint should avoid traveling. Review upon reentry can open a new evaluation of the case. This increases the risk of rejection or detention.
Applicants who do not have some immigration exception that allows them to travel and return while the case remains pending should not leave either. Without an exception, reentry is not guaranteed. The risk of losing the application process is real.
What is Advance Parole?
Advance Parole is a permit that authorizes departure from and legal reentry to the U.S. while the permanent residence application is under review. This document is requested from USCIS through the Form I-131. It is the only option for travelers with a pending I-485.
Andrés Echevarría, partner at the international law firm Vivanc
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