When your green card (Form I-485 Adjustment of Status) is pending, international travel becomes a complicated decision. Many applicants rely on Advance Parole to leave and re-enter the United States. However, immigration attorneys caution that traveling with Advance Parole carries risks — and in many cases, it may be safer to maintain or return to H-1B status.
In this article, we break down the key issues and offer practical guidance.
What Is Advance Parole?
Advance Parole is a travel document issued by U.S. Citizenship and Immigration Services (USCIS) that allows certain individuals with pending immigration applications to re-enter the United States without losing their application status.
While it authorizes re-entry, Advance Parole is not a guarantee of admission. Entry at the border is always subject to the discretion of U.S. Customs and Border Protection (CBP).
Risks of Traveling with Advance Parole
- No Lawful Status Protection
Advance Parole lets you remain in the U.S. based on your pending green card, but technically, it does not grant lawful nonimmigrant status. If complications arise with your adjustment case, you may be left without a valid fallback status. - Discretion at the Border
Even with a valid travel document, CBP has authority to deny entry. In rare cases, applicants have been placed in removal proceedings if their nonimmigrant status was not maintained. - Preconceived Intent Issues
Officers may scrutinize whether you intended to file for a green card before entering the U.S. on a visitor or other temporary visa. This can create additional challenges for re-entry.
Why Maintaining H-1B Status Is Safer
Immigration lawyers often recommend that applicants keep or return to H-1B status, even after filing for adjustment of status. Here’s why:
- H-1B status provides a clear legal basis to remain in the U.S.
- It reduces the risk of complications if your green card application faces delays or denials.
- Traveling and re-entering the U.S. on an H-1B visa is generally more predictable compared to Advance Parole.
If your H-1B has expired, it may still be possible to apply for a new H-1B petition or obtain a visa stamp through consular processing.
Practical Advice for Applicants
- Consult with an experienced immigration lawyer before making international travel plans.
- If you have Advance Parole, travel only if necessary and ensure there are no underlying issues in your case.
- Whenever possible, maintain a valid H-1B or other nonimmigrant status while your green card is pending.
Conclusion
Advance Parole has helped many applicants travel while waiting for their green cards. But as recent cases show, it is not without risks. The safer long-term strategy is to maintain H-1B status whenever possible. Every case is unique, so it’s critical to seek legal advice before making travel decisions.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.