Planning an international trip while your Adjustment of Status (AOS) application is pending? You're not alone in wondering about the implications. Traveling during this crucial time can be tricky. This blog will guide you through the process of traveling abroad while your Green Card application is being processed, and highlight the necessary steps to ensure your journey remains smooth. If you're unsure of the next steps, an experienced immigration lawyer can provide invaluable assistance.
Discover Your Benefits and Restrictions If You Are Undergoing Adjustment of Status Processing
What Is Adjustment of Status?
Adjustment of Status (AOS) is the process by which individuals already in the United States can apply for lawful permanent residency. This step is crucial for those who wish to establish a long-term life in the country, as it allows you to live and work indefinitely in the U.S. and eventually pursue citizenship. Common pathways to AOS include family-based immigration for spouses, children, parents, and siblings of U.S. citizens or lawful permanent residents. It also covers certain foreign workers, Diversity Visa Lottery winners, and eligible refugees or asylees. Applying for AOS can seem daunting due to its complexities. But what if you need to travel abroad while your application is pending?.
Can You Travel While Your AOS Application Is Pending?
In short, yes, you can travel while your application is pending, but it's crucial to understand the rules and their implications. If you leave the country without proper preparation, you might risk losing your application status.
Think of it like stepping out of line in a busy store—without a pass to get back in, you could lose your spot. Traveling during this time isn't as simple as packing a bag and leaving; it requires careful planning and awareness of the risks.
If you're considering traveling while your application is still in process, it's wise to consult a Green Card attorney. This will help ensure your journey towards residency stays on track without unnecessary setbacks. One way to secure this "pass" for travel is through a document called Advance Parole.
What Is an Advance Parole Document?
Advance Parole is essential for individuals seeking to become Green Card holders through AOS. It permits you to travel internationally and re-enter the U.S. without jeopardizing your pending application.
To secure Advance Parole, you must submit an application detailing the necessity of your trip, whether for professional, educational, or humanitarian reasons. Approval of this document ensures you can fulfill overseas commitments without compromising your eligibility for U.S. residency.
Approaching the application process for Advance Parole with meticulous attention to detail is crucial. Once approved, this document provides flexibility and reassurance, allowing you to engage in international travel without affecting your path to U.S. residency.
Advance Parole is necessary for most AOS applicants who wish to travel. However, there are exceptions.
Exceptions to Traveling Abroad with a Pending Application
If your AOS is pending and you don't have Advance Parole, there are limited circumstances under which international travel may not jeopardize your Green Card application. Generally, without an Advance Parole document, international travel while awaiting AOS is only permissible if your Visa falls under H, L, or V status.
In conclusion, traveling abroad while your Adjustment of Status application is pending can be complex, but it is possible with the right preparation and guidance. Understanding the importance of Advance Parole and knowing the exceptions can help you make informed decisions about your travel plans. Consulting an experienced immigration lawyer can provide the personalized assistance you need to navigate this process smoothly.
Tell us your case
If you need expert advice on traveling during your AOS process, contact us to speak our professional team at WHK Law Firm. We are here to help you every step of the way, ensuring your journey to permanent residency is as simple as possible.