An Adjustment of Status applicant cannot travel outside of the United States unless the applicant applied for and was approved for Advance Parole.
The approval designation would be placed on an Employment Authorization Card. The Stamp designating the ability of an Adjustment of Status applicant to travel will state “I-512 Advanced Parole” versus the default “Not Valid for Reentry to U.S.”
If an Adjustment of Status applicant travels without authorization, the Adjustment of Status process may be deemed abandoned by USCIS.
Note From USCIS I-131 Instruction
Generally, if you are in the United States and have applied for adjustment of status to that of a lawful permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining an Advance Parole Document.
Your application for adjustment of status generally will not be deemed abandoned, even if you do not apply for an Advance Parole Document before traveling abroad while an adjustment application is pending, if you currently are in one of the following nonimmigrant classifications, and remain eligible for and would be admissible in one of the following categories upon applying for admission at a port-of-entry:
- An H-1 temporary worker, or H-4 spouse or child of an H-1;
- An L-1 intracompany transferee, or L-2 spouse or child of an L-1;
- A K-3 spouse, or K-4 child of a U.S. citizen; or
- A V-1 spouse, or V-2/V-3 child of a lawful permanent resident.
Service Areas for Fickey Martinez Law Firm
Fickey Martinez Law Firm, P.L.L.C. happily serves the following locations: Beaufort, Beulaville, Burgaw, Chinquapin, Elizabethtown, Fayetteville, Goldsboro, Greenville, Havelock, Hubert, Jacksonville, Kenansville, Kinston, Lumberton, Magnolia, Maysville, Morehead City, Mount Olive, New Bern, Pink Hill, Raleigh, Richlands, Rose Hill, Seven Springs, Surf City, Swansboro, Trenton, Topsail Beach, Wallace, Warsaw, Whiteville, Wilmington, the surrounding counties: Onslow County, Pender County, Carteret County, Duplin County, Jones County, Lenoir County, Craven County and Carteret County, and the armed forces of: Camp Lejeune, MCAS Cherry Point, MCAS New River, and Fort Bragg.
If you have any questions or concerns, please feel free to call Fickey Martinez Law Firm at (910) 526-0066 or email us at attorney@fickeymartinezlaw.com.
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With Advance Parole, An Adjustment of Status Applicant Can Travel Outside of the United States
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Parole in Place: Immigration Option For An Illegal Spouse, Child, Or Parent Of A Military Member
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