Planning a trip while adjusting your status can feel like navigating a maze, but SIXT.VN is here to guide you! Discover your travel options and ensure a smooth return to the U.S. We’ll explore advance parole, reentry permits, and other crucial documents, empowering you to travel confidently while your green card application is pending with our travel document guidance.
1. What is “Adjustment of Status” and Why Does It Matter for Travel?
Adjustment of status is the process by which a foreign national already present in the United States can apply for and obtain lawful permanent resident (Green Card) status without having to return to their home country to complete consular processing. This process is governed by U.S. immigration laws and regulations, primarily through the United States Citizenship and Immigration Services (USCIS).
Why does it matter for travel? If you are in the U.S. awaiting a green card you can’t just leave and re-enter as you please. Doing so without the proper documents can be seen as abandoning your application. This is where things like “advance parole” come into play. According to the USCIS, leaving the U.S. without advance parole or a valid travel document, during the pendency of your adjustment of status application, may lead to the denial of your application.
2. Can I Travel While My Adjustment of Status Application is Pending?
Yes, but with precautions. You can travel while your adjustment of status application is pending, but it is essential to obtain the correct travel documentation before you leave the United States. Generally, you will need either an advance parole document or a reentry permit to avoid abandoning your application.
- Without Advance Parole: If you leave the U.S. without advance parole or a valid travel document, USCIS may consider your adjustment of status application abandoned.
3. What is Advance Parole and How Does It Allow Me to Travel?
Advance parole is a document that allows certain foreign nationals to travel outside the United States and return without jeopardizing their pending adjustment of status application. It essentially grants you permission to re-enter the U.S. while your green card application is being processed.
- How it Works: Advance parole allows you to travel back to the United States without applying for a visa. A transportation company (airlines) can accept an advance parole document instead of a visa as proof that you are authorized to travel to the United States. An advance parole document does not replace your passport.
- Important Note: Even with advance parole, admission to the United States is not guaranteed. A U.S. Customs and Border Protection (CBP) officer will make the final decision at the port of entry.
4. Who Needs Advance Parole?
Advance parole is typically used by individuals who have a pending:
- Application for adjustment of status (Form I-485)
- Application for asylum
5. How Do I Apply for Advance Parole?
You can apply for advance parole by filing Form I-131, Application for Travel Document, with USCIS.
- Form I-131: This form is used to request various travel documents, including advance parole. You can find the form and instructions on the USCIS website.
- Filing Fee: There is a filing fee associated with Form I-131. Check the USCIS website for the current fee schedule.
- Supporting Documents: You will need to provide supporting documents with your application, such as a copy of your pending Form I-485 receipt notice, passport, and evidence to support your need to travel.
6. What Documents Do I Need to Apply for Advance Parole?
When applying for Advance Parole using Form I-131, you generally need to provide the following documents:
- Completed Form I-131: Make sure all sections are accurately filled out.
- Passport-Style Photos: Two recent passport-style photos of yourself.
- Copy of Government-Issued ID: A copy of a government-issued identity document with a photograph, such as a passport or driver’s license.
- Evidence of Pending Adjustment of Status: This could be a copy of the receipt notice for your Form I-485, Application to Register Permanent Residence or Adjust Status.
- Explanation for Needing to Travel: A written statement explaining the reasons for your travel. Include details about the purpose of your trip, destination, and length of stay.
- Supporting Documents: Any documents that support your reason for travel, such as medical records, business contracts, or letters from family members.
- Filing Fee: The current filing fee for Form I-131. Check the USCIS website for the most up-to-date fee schedule.
- Biometrics: You may be required to attend a biometrics appointment to provide fingerprints, photograph, and signature.
- Additional Evidence: Any other evidence that supports your application, such as copies of previous immigration documents.
7. How Long Does It Take to Get Advance Parole?
Processing times for Form I-131 can vary. Check the USCIS website for current processing times. It’s crucial to apply well in advance of your planned travel date. According to USCIS processing times, Form I-131 can take anywhere from several months to over a year to process, depending on the service center handling the case.
8. What if I Have an Emergency and Need to Travel Urgently?
If you have an urgent need to travel outside the United States, you may request expedited processing of your advance parole application.
- Expedite Request: You can request expedited processing by contacting USCIS and providing documentation to support your emergency. According to the USCIS, expedite requests are evaluated on a case-by-case basis and are granted at the discretion of USCIS.
- Emergency Travel: In some cases, you may be able to obtain emergency travel authorization from a USCIS office.
9. Can I Renew My Advance Parole Document?
Yes, you can renew your advance parole document by filing another Form I-131 before your current document expires.
10. What is a Reentry Permit and Who Needs One?
A reentry permit is a travel document that allows lawful permanent residents (Green Card holders) to travel outside the United States for an extended period (typically one year or more) without jeopardizing their permanent resident status.
- Who Needs It: Permanent or conditional residents should apply for a reentry permit if they will be outside the United States for one year or more.
- How it Works: While it is valid, a reentry permit allows you to apply for admission to the U.S. without having to obtain a returning resident visa from a U.S. Embassy or Consulate.
11. How is a Reentry Permit Different from Advance Parole?
The key difference is that advance parole is for those with pending adjustment of status applications, while a reentry permit is for lawful permanent residents.
| Feature | Advance Parole | Reentry Permit |
|---|---|---|
| Eligibility | Applicants with pending adjustment of status | Lawful permanent residents (Green Card holders) |
| Purpose | To travel while application is pending | To travel outside the U.S. for extended periods |
| Validity | Typically valid for one year | Typically valid for two years |
| Application | Form I-131 | Form I-131 |
12. What if I Travel Without Advance Parole and My Adjustment of Status is Denied?
If you travel outside the United States without advance parole and your adjustment of status application is denied, you may face significant challenges in re-entering the U.S.
- Potential Consequences: You may be denied re-entry, and your pending application may be considered abandoned.
- Seek Legal Advice: It’s crucial to consult with an immigration attorney to understand your options and potential consequences.
13. Can I Travel to Vietnam While My Adjustment of Status Application is Pending?
Yes, you can travel to Vietnam while your adjustment of status application is pending, but you must obtain advance parole before you leave the United States.
- Planning Your Trip with SIXT.VN: SIXT.VN can assist you in planning your trip to Vietnam, providing services such as airport transfers, hotel bookings, and tours.
14. What Should I Do If My Travel Document is Lost or Stolen While Abroad?
If your advance parole document or reentry permit is lost or stolen while you are outside the United States, you should take the following steps:
- Report the Loss: Report the loss or theft to the local police and obtain a police report.
- Contact the U.S. Embassy or Consulate: Contact the nearest U.S. Embassy or Consulate for assistance.
- File Form I-131A: If you are a permanent resident, you may need to file Form I-131A, Application for Travel Document (Carrier Documentation), to request permission to board a transportation carrier to return to the United States.
15. What is Form I-131A and When Do I Need It?
Form I-131A, Application for Travel Document (Carrier Documentation), is used by lawful permanent residents who have temporarily been outside the United States and whose Green Card or reentry permit has been lost, stolen, or destroyed. This form allows an airline or other transportation carrier to board you for your return to the U.S.
16. What are the Risks of Traveling Without Proper Documentation?
Traveling without proper documentation while your adjustment of status application is pending can have severe consequences:
- Application Abandonment: USCIS may consider your application abandoned.
- Denial of Re-entry: You may be denied re-entry into the United States.
- Removal Proceedings: You may be placed in removal proceedings (deportation).
17. How Can SIXT.VN Help Me Plan My Trip to Vietnam During Adjustment of Status?
SIXT.VN offers a range of services to make your trip to Vietnam seamless and stress-free:
- Airport Transfers: Ensure a smooth arrival and departure with our reliable airport transfer services.
- Hotel Bookings: Choose from a wide selection of hotels to suit your budget and preferences.
- Tours and Excursions: Explore the beauty and culture of Vietnam with our guided tours and excursions.
18. What are the Current Travel Restrictions and Guidelines for Entering Vietnam?
Travel restrictions and guidelines can change frequently. Always check the latest information from official sources such as the Vietnamese government and the U.S. Department of State.
- Visa Requirements: Ensure you have the necessary visa to enter Vietnam.
- Health Requirements: Be aware of any health requirements, such as vaccinations or COVID-19 testing. According to the U.S. Embassy & Consulate in Vietnam, travelers should check the regulations and guidelines provided by the Vietnamese government.
- COVID-19 Protocols: Follow all COVID-19 protocols, such as mask-wearing and social distancing.
19. Can I Apply for Advance Parole While Already Outside the United States?
No, you generally cannot apply for advance parole while you are already outside the United States. You must be physically present in the U.S. when you file Form I-131.
20. What Happens If My Advance Parole is Denied?
If your advance parole is denied, you should not travel outside the United States. Traveling without advance parole could jeopardize your adjustment of status application.
- Seek Legal Advice: Consult with an immigration attorney to understand your options and potential consequences.
21. What is the Validity Period of an Advance Parole Document?
The validity period of an advance parole document can vary, but it is typically valid for one year from the date of issuance. Be sure to check the expiration date on your document before you travel.
22. Can I Travel Multiple Times on a Single Advance Parole Document?
The ability to travel multiple times on a single advance parole document depends on the terms specified on the document itself.
- Single Entry: Some advance parole documents are valid for a single entry only.
- Multiple Entries: Other documents allow for multiple entries within the validity period.
23. Does Advance Parole Guarantee Re-Entry into the United States?
No, advance parole does not guarantee re-entry into the United States. Admission is always at the discretion of the U.S. Customs and Border Protection (CBP) officer at the port of entry.
- CBP Inspection: You will still be subject to inspection by CBP, who will determine whether you are admissible under U.S. immigration law.
24. What Factors Can Affect My Admissibility at the Port of Entry?
Several factors can affect your admissibility at the port of entry, including:
- Criminal History: Any criminal history or past immigration violations.
- Health Concerns: Any health concerns that may make you inadmissible.
- Fraud or Misrepresentation: Any evidence of fraud or misrepresentation in your immigration applications.
25. Can I Work While on Advance Parole?
Having advance parole does not automatically grant you the right to work in the United States. You must have a valid work permit (Employment Authorization Document, or EAD) to be authorized to work.
- EAD Required: If you have a pending adjustment of status application, you can apply for an EAD by filing Form I-765 with USCIS.
26. What is Form I-765 and How Do I Apply for It?
Form I-765, Application for Employment Authorization, is used to request a work permit from USCIS.
- Eligibility: You may be eligible to apply for an EAD if you have a pending adjustment of status application or another qualifying immigration status.
- Filing Fee: There is a filing fee associated with Form I-765.
- Supporting Documents: You will need to provide supporting documents with your application, such as a copy of your pending Form I-485 receipt notice, passport, and other evidence to support your eligibility.
27. What are the Potential Pitfalls to Avoid When Traveling During Adjustment of Status?
- Traveling Without Advance Parole: This is the most significant risk, as it can lead to abandonment of your adjustment of status application.
- Overstaying Your Authorized Stay: Make sure you do not overstay your authorized stay in any foreign country.
- Engaging in Unlawful Activities: Avoid engaging in any unlawful activities while abroad, as this can affect your admissibility to the U.S.
28. How Can I Ensure a Smooth Re-Entry into the United States?
To ensure a smooth re-entry into the United States, you should:
- Carry All Necessary Documents: Have your advance parole document, passport, and any other relevant immigration documents with you.
- Be Prepared for Questions: Be prepared to answer questions from CBP officers about the purpose of your trip and your intentions in the U.S.
- Be Honest and Forthright: Always be honest and forthright in your interactions with CBP officers.
29. What Should I Do If I am Detained at the Port of Entry?
If you are detained at the port of entry, you have the right to:
- Remain Silent: You have the right to remain silent and not answer any questions.
- Speak to an Attorney: You have the right to speak to an attorney.
- Contact Your Family: You have the right to contact your family or friends.
30. How Can an Immigration Attorney Help Me with My Travel Plans?
An immigration attorney can provide valuable assistance with your travel plans by:
- Assessing Your Eligibility: Assessing your eligibility for advance parole or a reentry permit.
- Preparing Your Application: Helping you prepare and file your application.
- Representing You: Representing you in any interactions with USCIS or CBP.
31. Are There Any Exceptions to the Advance Parole Requirement?
There are limited exceptions to the advance parole requirement, such as for individuals with valid H-1B or L-1 status who maintain that status while traveling. However, it is always best to consult with an immigration attorney to determine whether you qualify for an exception.
32. How Does Unlawful Presence Affect My Ability to Travel and Re-Enter the U.S.?
If you have accrued unlawful presence in the United States, it can significantly impact your ability to travel and re-enter the U.S., even with a travel document like advance parole. According to USCIS, individuals who have accrued unlawful presence may be subject to certain bars to admissibility.
- 3-Year Bar: If you accrue more than 180 days but less than one year of unlawful presence, and then depart the U.S., you may be subject to a 3-year bar from re-entering the U.S.
- 10-Year Bar: If you accrue one year or more of unlawful presence, and then depart the U.S., you may be subject to a 10-year bar from re-entering the U.S.
33. Can Individuals with Temporary Protected Status (TPS) Travel?
Yes, individuals with Temporary Protected Status (TPS) can travel outside the United States with a TPS travel authorization document.
- TPS Travel Authorization: This document allows you to travel back to the United States and, if you are eligible, be inspected and admitted into TPS.
- Does Not Guarantee Re-Entry: Having a TPS travel authorization document does not guarantee that you will be allowed to re-enter the United States.
34. What Should I Do If I Have a Removal Order?
If you have a removal order, you may be found inadmissible if you seek admission after a departure from the United States, even if you have a travel document.
- Consult an Attorney: It is crucial to consult with an immigration attorney to understand the potential consequences of traveling with a removal order.
35. How Can I Find Reputable Immigration Legal Advice?
- American Immigration Lawyers Association (AILA): Use the AILA website to find qualified immigration attorneys in your area.
- Referrals: Ask friends, family, or colleagues for referrals to reputable immigration attorneys.
36. What are Some Common Scams to Watch Out for in the Immigration Process?
- Unauthorized Practice of Law: Be wary of individuals who offer legal advice without being licensed attorneys.
- Guarantees of Success: No one can guarantee the outcome of an immigration case.
- Requests for Payment Upfront: Be cautious of anyone who asks for a large sum of money upfront without providing a clear explanation of the services they will provide.
37. What Resources are Available to Help Me Navigate the Immigration Process?
- USCIS Website: The USCIS website provides information on immigration laws, regulations, and procedures.
- Nonprofit Organizations: Numerous nonprofit organizations offer free or low-cost legal services and assistance to immigrants.
38. What Happens After I Return to the U.S. with Advance Parole?
After you return to the U.S. with advance parole, your adjustment of status application will continue to be processed by USCIS.
- Attend Appointments: Make sure to attend any scheduled appointments, such as interviews or biometrics appointments.
- Respond to Requests: Respond promptly to any requests for evidence or information from USCIS.
39. How Can I Check the Status of My Adjustment of Status Application?
You can check the status of your adjustment of status application online using the USCIS Case Status Online tool.
- Receipt Number: You will need your receipt number to check your case status.
40. What are the Potential Outcomes of My Adjustment of Status Application?
- Approval: If your application is approved, you will become a lawful permanent resident of the United States.
- Denial: If your application is denied, you may have the option to appeal the decision or file a new application.
Navigating the complexities of traveling during adjustment of status can be daunting, but with the right information and resources, you can travel confidently and ensure a smooth return to the U.S. Let SIXT.VN be your trusted partner in planning your trip to Vietnam or other destinations, providing reliable services and expert guidance every step of the way.
Ready to Plan Your Trip?
Contact SIXT.VN today for personalized travel assistance:
- Address: 260 Cau Giay, Hanoi, Vietnam
- Hotline/Whatsapp: +84 986 244 358
- Website: SIXT.VN
FAQ: Traveling During Adjustment of Status
1. Can I travel outside the U.S. while waiting for my green card?
Yes, but you need advance parole or a reentry permit to avoid jeopardizing your application.
2. What is advance parole?
Advance parole is a document allowing certain foreign nationals to travel outside the U.S. and return without affecting their pending adjustment of status.
3. How do I apply for advance parole?
File Form I-131, Application for Travel Document, with USCIS, including the required fee and supporting documents.
4. How long does it take to get advance parole?
Processing times vary, so check the USCIS website for current estimates and apply well in advance of your travel date.
5. What happens if I travel without advance parole?
USCIS may consider your adjustment of status application abandoned, and you may be denied re-entry.
6. Is advance parole a guarantee of re-entry?
No, re-entry is still subject to inspection and approval by a CBP officer at the port of entry.
7. What is a reentry permit?
A reentry permit allows lawful permanent residents to travel outside the U.S. for an extended period without losing their green card status.
8. How is a reentry permit different from advance parole?
Advance parole is for those with pending adjustment applications, while a reentry permit is for green card holders traveling long-term.
9. Can I renew my advance parole document?
Yes, file another Form I-131 before your current document expires.
10. What if my advance parole is lost or stolen abroad?
Report it to local police, contact the U.S. Embassy, and file Form I-131A for carrier documentation if needed.
