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Are you wondering, “Can I Travel After Filing Adjustment Of Status?” SIXT.VN is here to guide you through the complexities of traveling while your Green Card application is pending. We’ll explore your options and help you navigate the process, ensuring a smooth and informed journey. Planning a trip to Vietnam or need assistance with your travel plans? SIXT.VN offers expert travel consulting, convenient airport transfer services, hotel booking assistance, tour bookings, and air ticket assistance.

1. Understanding Adjustment of Status and Travel Restrictions

Adjustment of Status (AOS) is the process through which a foreign national already present in the United States can apply for lawful permanent resident status (Green Card) without having to return to their home country. Understanding the implications of travel while your application is pending is crucial. According to the U.S. Citizenship and Immigration Services (USCIS), traveling outside the U.S. without proper documentation can lead to the abandonment of your AOS application.

1.1. What is Adjustment of Status?

Adjustment of status allows eligible individuals already in the U.S. to apply for a Green Card. This process avoids the need to return to their home country for consular processing. Key requirements often include having a valid visa, a qualifying relationship with a U.S. citizen or lawful permanent resident, and admissibility to the United States.

1.2. General Travel Restrictions

Generally, if you leave the U.S. while your AOS application is pending without obtaining advance parole, USCIS may consider your application abandoned. This means you may not be allowed to re-enter the U.S., and your application could be denied. The Immigration and Nationality Act (INA) outlines these restrictions, emphasizing the need for proper travel documentation.

1.3. Potential Consequences of Unauthorized Travel

Traveling without authorization can have serious consequences:

Abandonment of AOS Application: USCIS may deny your application.
Denial of Re-entry: You may be barred from re-entering the United States.
Inadmissibility Issues: You may face future difficulties in obtaining immigration benefits.

2. Advance Parole: Your Key to Traveling During AOS

Advance Parole is a document issued by USCIS that allows you to travel outside the U.S. and return while your AOS application is pending without jeopardizing your application. Securing advance parole before traveling is essential for maintaining your AOS eligibility.

2.1. What is Advance Parole?

Advance Parole is a travel document that permits certain foreign nationals in the U.S. to leave and re-enter the country while their AOS application is being processed. It essentially pre-approves your re-entry, but it doesn’t guarantee admission.

2.2. Who Needs to Apply for Advance Parole?

You should apply for Advance Parole if you:

Have a pending AOS application.
Need to travel outside the U.S. temporarily for business, education, or personal reasons.
Want to ensure your AOS application is not considered abandoned due to your travel.

2.3. How to Apply for Advance Parole (Form I-131)

To apply for Advance Parole, you need to file Form I-131, Application for Travel Document, with USCIS. Here’s a step-by-step guide:

Download Form I-131: Obtain the latest version of Form I-131 from the USCIS website.
Fill Out the Form: Complete all sections of the form accurately and truthfully. Provide detailed explanations where required.
Provide Supporting Documents: Include copies of the following documents:
- A copy of your AOS receipt notice (Form I-797C).
- A copy of your government-issued photo ID (e.g., passport, driver’s license).
- Evidence of the reason for your travel (e.g., business meeting invitation, conference registration, family emergency documentation).
- Passport-style photos as specified in the instructions.
- Any other documents supporting your need for Advance Parole.
Pay the Filing Fee: As of 2024, the filing fee for Form I-131 is $575. Check the USCIS website for the most current fee.
Mail the Application: Send the completed form, supporting documents, and filing fee to the appropriate USCIS lockbox address. The address depends on the basis of your AOS application, so check the Form I-131 instructions carefully.
Receive Receipt Notice: After USCIS receives your application, you will receive a receipt notice (Form I-797C) confirming that your application is being processed.
Attend Biometrics Appointment (If Required): USCIS may require you to attend a biometrics appointment to provide fingerprints, photograph, and signature.
Wait for Decision: Processing times for Form I-131 can vary. Check the USCIS website for current processing times.
Receive Advance Parole Document: If your application is approved, you will receive an Advance Parole document (Form I-512L) in the mail. This document allows you to re-enter the U.S.
Travel with Advance Parole Document: When you travel, carry your Advance Parole document along with your passport and any other relevant travel documents.

2.4. Important Considerations When Using Advance Parole

Validity Period: Advance Parole documents have a validity period, typically for one year. Ensure your travel falls within this period.
No Guarantee of Re-entry: While Advance Parole allows you to board a flight to the U.S., it does not guarantee admission. A Customs and Border Protection (CBP) officer will make the final decision at the port of entry.
Purpose of Travel: Be prepared to explain the purpose of your travel to the CBP officer. Ensure your reasons align with the information provided in your I-131 application.

3. Situations Where Advance Parole is Not Required

In certain limited situations, you might be able to travel without Advance Parole while your AOS application is pending. However, these exceptions are very specific and require careful consideration.

3.1. H-1B and L-1 Visa Holders

If you are in H-1B (specialty occupation) or L-1 (intracompany transferee) status, you may be able to travel without Advance Parole under certain conditions:

Maintaining Valid Status: You must maintain valid H-1B or L-1 status.
Valid Visa: You must have a valid H-1B or L-1 visa stamp in your passport.
Continued Employment: You must continue working for the same employer who sponsored your H-1B or L-1 visa.

If you meet these conditions, you may be able to re-enter the U.S. in your H-1B or L-1 status without affecting your AOS application. However, it is crucial to consult with an immigration attorney to ensure you meet all the requirements.

3.2. K-3 and V Visa Holders

Individuals in K-3 (spouse of a U.S. citizen) or V (family of a lawful permanent resident) status may also have specific rules regarding travel while adjusting status. Generally, they can travel with their valid K-3 or V visa, but it’s essential to verify this with an immigration attorney or USCIS.

3.3. Other Specific Circumstances

Some individuals may have specific circumstances that allow them to travel without Advance Parole. These situations are rare and highly fact-dependent. Consulting with an immigration attorney is crucial to determine if any exceptions apply to your case.

4. Risks of Traveling Without Advance Parole

Traveling without Advance Parole or a valid H-1B/L-1 visa (if eligible) while your AOS application is pending carries significant risks.

4.1. Abandonment of Adjustment of Status Application

The primary risk is the abandonment of your AOS application. USCIS may consider your application abandoned if you leave the U.S. without prior authorization. This means your application could be denied, and you would need to start the process again.

4.2. Denial of Re-Entry to the United States

Even if your AOS application is not automatically considered abandoned, you could be denied re-entry to the U.S. A CBP officer at the port of entry has the discretion to deny admission if you do not have the proper documentation.

4.3. Potential Inadmissibility Issues

Traveling without authorization could raise questions about your admissibility to the U.S. Inadmissibility issues can complicate future immigration applications and could lead to deportation.

5. Traveling to Vietnam While Awaiting Adjustment of Status

If you are considering traveling to Vietnam while your AOS application is pending, it’s essential to understand the specific requirements and how SIXT.VN can assist you.

5.1. Planning Your Trip to Vietnam

Planning your trip carefully is crucial. Ensure you have all the necessary documents and understand the potential implications for your AOS application.

5.2. Visa Requirements for Re-Entry to the U.S.

Even with Advance Parole, you will still need to meet the visa requirements to re-enter the U.S. Advance Parole does not waive the need for a valid visa if one is normally required.

5.3. How SIXT.VN Can Assist You

SIXT.VN offers a range of services to make your trip to Vietnam seamless and stress-free:

Travel Consulting: We provide expert advice on travel requirements, documentation, and potential immigration issues.
Airport Transfer Services: Enjoy a hassle-free arrival and departure with our reliable airport transfer services.
Hotel Booking Assistance: We can help you find the perfect accommodation to suit your needs and budget.
Tour Bookings: Explore the beauty and culture of Vietnam with our curated tour packages.
Air Ticket Assistance: We assist with booking flights, ensuring you have the necessary documentation for your travel.

Address: 260 Cau Giay, Hanoi, Vietnam

Hotline/Whatsapp: +84 986 244 358

Website: SIXT.VN

6. Real-Life Scenarios and Case Studies

Understanding real-life scenarios can provide valuable insights into the complexities of traveling while adjusting status.

6.1. Scenario 1: Traveling for a Family Emergency

John, a Green Card applicant, faced a family emergency in his home country. He had filed his AOS application but had not yet received his Advance Parole document. He consulted with an immigration attorney who advised him to expedite his Advance Parole application with USCIS. Due to the urgent nature of the situation, USCIS granted him expedited processing, and he received his Advance Parole in time to travel.

6.2. Scenario 2: Traveling for Business

Maria, in H-1B status and with a pending AOS application, needed to travel to an international conference for work. Because she maintained her valid H-1B status and had a valid H-1B visa stamp, she was able to travel without Advance Parole. Upon her return, she presented her H-1B visa and employment verification to the CBP officer and was admitted without issue.

6.3. Scenario 3: The Risks of Unauthorized Travel

David, unaware of the Advance Parole requirements, traveled outside the U.S. while his AOS application was pending. Upon his return, the CBP officer determined that he had abandoned his AOS application due to his unauthorized travel. David was denied re-entry and had to restart the Green Card process from his home country.

7. Common Mistakes to Avoid

Avoiding common mistakes can save you time, money, and potential immigration complications.

7.1. Failing to Apply for Advance Parole

One of the most common mistakes is failing to apply for Advance Parole before traveling. Always ensure you have the necessary travel documents before leaving the U.S.

7.2. Traveling Outside the Validity Period of Advance Parole

Ensure that your travel dates fall within the validity period of your Advance Parole document. Traveling outside this period can lead to denial of re-entry.

7.3. Misrepresenting the Purpose of Travel

Be honest and accurate when explaining the purpose of your travel to CBP officers. Misrepresenting your intentions can raise red flags and lead to negative consequences.

8. Frequently Asked Questions (FAQ)

Here are some frequently asked questions to help you better understand the process:

8.1. Can I apply for Advance Parole while my AOS application is pending?

Yes, you can and should apply for Advance Parole using Form I-131 while your AOS application is pending if you need to travel outside the U.S.

8.2. How long does it take to get Advance Parole?

Processing times for Advance Parole can vary. Check the USCIS website for the most current processing times. It can take anywhere from 3 to 9 months.

8.3. Does Advance Parole guarantee re-entry to the U.S.?

No, Advance Parole does not guarantee re-entry. A CBP officer will make the final decision at the port of entry.

8.4. What happens if my Advance Parole application is denied?

If your Advance Parole application is denied, you should not travel outside the U.S. until you have consulted with an immigration attorney.

8.5. Can I expedite my Advance Parole application?

Yes, you can request expedited processing of your Advance Parole application if you have a qualifying emergency.

8.6. Do I need a visa to re-enter the U.S. with Advance Parole?

Yes, if you normally require a visa to enter the U.S., you will still need a valid visa, even with Advance Parole.

8.7. What if I have a valid H-1B or L-1 visa?

If you maintain valid H-1B or L-1 status, you may be able to travel without Advance Parole. Consult with an immigration attorney to confirm your eligibility.

8.8. Can I travel to Vietnam with Advance Parole?

Yes, you can travel to Vietnam with Advance Parole, but ensure you have all the necessary documents for re-entry to the U.S.

8.9. What should I do if I encounter problems at the port of entry?

If you encounter problems at the port of entry, remain calm and polite. Request to speak with a supervisor and, if necessary, contact an immigration attorney.

8.10. Where can I find reliable travel services for my trip to Vietnam?

SIXT.VN offers comprehensive travel services, including travel consulting, airport transfers, hotel booking assistance, tour bookings, and air ticket assistance.

9. Seeking Expert Advice

Navigating the complexities of immigration law can be challenging. Seeking expert advice from an immigration attorney is always a wise decision.

9.1. When to Consult an Immigration Attorney

Consult an immigration attorney if you:

Have questions about your eligibility for Advance Parole.
Are unsure about the implications of traveling while your AOS application is pending.
Have a complex immigration history.
Encounter problems at the port of entry.

9.2. Benefits of Professional Legal Assistance

An immigration attorney can provide:

Accurate and up-to-date information about immigration laws and regulations.
Personalized advice based on your specific circumstances.
Representation in immigration proceedings.
Assistance with preparing and filing immigration applications.

10. Contact SIXT.VN for Your Travel Needs

Planning a trip to Vietnam while awaiting your Green Card application can be complex, but with the right preparation and assistance, it can be a smooth and enjoyable experience. SIXT.VN is here to help you navigate every step of the way.

10.1. Our Services

Travel Consulting: Get expert advice on travel requirements and potential immigration issues.
Airport Transfer Services: Enjoy stress-free airport transfers with our reliable service.
Hotel Booking Assistance: Find the perfect accommodation with our hotel booking assistance.
Tour Bookings: Explore Vietnam with our curated tour packages.
Air Ticket Assistance: Book your flights with ease with our air ticket assistance.

10.2. How to Reach Us

Contact SIXT.VN today to start planning your trip to Vietnam: