Leaving the U.S. Without Advance Parole During Adjustment of Status: Risks and Exceptions

SG Legal Group: Your Trusted Immigration Attorney

Leaving the United States while your Adjustment of Status (AOS) application is pending can have significant consequences on your immigration status and future plans. Understanding the implications and knowing your options is crucial to avoid potential setbacks. This article will explore what happens if you leave the U.S. without Advance Parole (AP) while your AOS application is pending, including scenarios where the beneficiary still has a valid non-immigrant visa and when they do not. Additionally, we will discuss exceptions for those on dual-intent visas, such as H-1B and L-1 visas.

Understanding Adjustment of Status (AOS) and Advance Parole (AP)

The Adjustment of Status process allows individuals already in the United States to apply for lawful permanent residence (a green card) without having to return to their home country for visa processing. While your AOS application is pending, you generally need Advance Parole to re-enter the U.S. if you leave. Advance Parole is essentially a travel document that allows you to return to the U.S. and continue your AOS process.

Leaving Without Advance Parole: General Consequences

Leaving the United States without Advance Parole while your AOS application is pending can result in the automatic abandonment of your AOS application. This means that your application for a green card will be considered void, and you will have to restart the process, which can lead to delays and additional expenses.

Scenario 1: Leaving the U.S. Without AP and Holding a Valid Non-Immigrant Visa

If you have a valid non-immigrant visa (e.g., F-1 student visa, B-2 tourist visa) and leave the U.S. without Advance Parole, your AOS application will be considered abandoned. Even though you may still possess a valid visa to return to the U.S., your green card application will not proceed, and you will need to file a new AOS application upon your return.

However, it is important to note that certain non-immigrant visas, such as F-1 and B-2, are not dual-intent visas. This means that they do not allow for the intent to immigrate to the U.S. while holding such visas. Returning to the U.S. on a non-dual-intent visa after leaving without AP might be challenging because the immigration officer at the port of entry could question your immigrant intent, which can lead to denial of entry.

Scenario 2: Leaving the U.S. Without AP and Without a Valid Non-Immigrant Visa

If you do not have a valid non-immigrant visa and leave the U.S. without Advance Parole, your AOS application will also be considered abandoned. Additionally, without a valid visa, you will not be able to re-enter the U.S. without first obtaining a new visa. This can significantly complicate and delay your immigration process.

In this scenario, you would need to apply for a new visa at a U.S. consulate abroad, which may require explaining why your AOS application was abandoned and demonstrating non-immigrant intent, which can be difficult given your prior AOS application.

Exceptions for Dual-Intent Visas

Dual-intent visas, such as H-1B and L-1 visas, allow for the possibility of intending to immigrate to the U.S. while holding a non-immigrant visa. If you hold a valid H-1B or L-1 visa, you are generally not required to obtain Advance Parole before traveling abroad while your AOS application is pending.

Traveling on H-1B or L-1 Visas

If you hold an H-1B or L-1 visa, you can travel abroad and re-enter the U.S. using your valid H-1B or L-1 visa, provided it is still valid at the time of re-entry. Your AOS application will remain active, and you will not be considered to have abandoned your green card application.

However, it is still advisable to apply for Advance Parole as a precautionary measure. Having AP ensures that you have a backup plan in case your H-1B or L-1 visa status changes or expires while you are abroad.

Empowering Your Journey with SG Legal Group

Leaving the United States without Advance Parole while your Adjustment of Status application is pending can have serious consequences, including the abandonment of your green card application. The impact varies depending on whether you still have a valid non-immigrant visa or not. Individuals with valid non-immigrant visas may face challenges at re-entry due to non-immigrant intent issues, while those without a valid visa will need to obtain a new visa to return.

For those on dual-intent visas like H-1B and L-1, there is more flexibility as they can generally travel and re-enter the U.S. without Advance Parole. Nonetheless, it is always wise to obtain Advance Parole to safeguard against any unforeseen changes in visa status.

Before making any travel plans, it is highly recommended to consult with an immigration attorney to fully understand the implications for your specific situation and to ensure you take the necessary steps to protect your immigration status.

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