Traveling on a Pending I-485 (Adjustment of Status)

During a pending adjustment of status, many people will actually be wanting to travel outside the United States.  You cannot actually travel outside the US during a pending adjustment of status (form I-485) unless you have an approved parole form I-131 and have not accrued unlawful presence for more than 180 days. We also would not recommend traveling at all if you are on a non-dual intent visa until you obtain your permanent residence card. In case, you have some criminal background issues, we recommend you speak to a lawyer before traveling abroad.

What happens if I have an approved H1B or L1 visa?

You can actually use the H1B visa or the L1 visa to travel even without the approved I-131.  On such visas you can actually travel during a pending adjustment of status although we recommend that you wait for the approved I-131 parole documents before traveling. The reasons we recommend waiting for the approved form I-131 is in case you want to use work permit (EAD) once you enter the United States or if your H1B or L1 visas are defective. Talk to your lawyer before you leave the country.

What happens if I am on other visas?

If you are on non-dual visas such as B1/B2 (visitor visa), F1 student visa, or even on K visas, we do not recommend traveling unless you have an approved form I-131 and have not accrued unlawful presence for more than 180 days. Make sure you talk to your lawyer before you leave.

What happens if I have some kind of criminal background?

In case you have some sort of criminal background issues, we recommend you do not travel even though the form I-131 is approved.  In case you really need to travel, we recommend checking with a lawyer if you are not inadmissible so that you will be allowed to re-enter once you are traveling outside the United States.

The above are just few examples why we discourage traveling during a pending adjustment of status (form I-485). Before you travel, it is highly advisable to talk to a good attorney.  You call us at 510 742 5887 for a consultation before making any move.