When someone applies for a green card through adjustment of status, the desire to visit family abroad or tend to urgent matters outside the United States is common. In such cases, advance parole may offer a temporary solution. This document allows certain applicants with pending Form I-485 (Application to Register Permanent Residence or Adjust Status) to leave and return to the country without abandoning their application.
But using advance parole is not always as straightforward as it seems. There are significant risks involved, and it’s important to understand what you may be stepping into before making international travel plans. For many, a misstep could delay or even jeopardize a path to lawful permanent residency.
What Is Advance Parole and Who Qualifies
Advance parole is a travel document that functions like permission from U.S. Citizenship and Immigration Services (USCIS) to leave and return to the United States while your green card application is pending. This option is available to individuals who have submitted Form I-485 and who are not in removal proceedings or subject to certain inadmissibility grounds.
It is not a visa, and it does not guarantee reentry. The U.S. Customs and Border Protection (CBP) officer at the port of entry has the final say on whether you may come back in. This discretion alone can make travel uncertain.
Advance parole must be approved before you leave. Traveling without it, even briefly, can lead USCIS to consider your green card application abandoned, which means starting over.
Why Travel with Advance Parole Is Risky
Although the concept sounds simple enough, travel with advance parole is not without pitfalls. Here are several concerns to consider:
- Unresolved Immigration History
Many people applying for adjustment of status have complex immigration histories. Prior unlawful presence, removal orders, or status violations—even if years in the past—can complicate reentry. Advance parole does not erase these issues. In some cases, leaving the country may activate a bar to reentry, particularly if the applicant was previously unlawfully present for more than 180 days or a year.
If you leave the U.S. under these circumstances, you may be subject to a three- or ten-year bar when trying to return—even if USCIS granted advance parole. You may not know until you are denied entry at the airport.
- Pending or Unforeseen Changes to Immigration Policy
Immigration policies can change, and sometimes quickly. Advance parole itself has been targeted for tighter restrictions in the past, and a shift in policy during your trip could cause complications upon return. Delays in reentry or additional scrutiny at the border are not uncommon.
For individuals under humanitarian or special immigrant categories such as asylum seekers or DACA recipients, these shifts can carry additional risk.
- Inspection at Reentry
Even with valid documents, reentry is not automatic. When you return to the United States using advance parole, you may be subjected to a secondary inspection and a parole fee. Officers may review your entire immigration history, and in some cases, question your eligibility to adjust status based on new information or interpretation of your file.
If CBP determines that you are inadmissible for any reason, they can deny your entry despite your approved advance parole document. You may also be detained while further decisions are made.
- Timing and Emergencies
Even with advance parole approved, international travel introduces logistical risk. Flights can be delayed. Paperwork can be lost. Emergencies may arise that extend your stay beyond what was anticipated.
Advance parole documents have expiration dates. If you are unable to return before the document expires, your pending green card application may be considered abandoned. It’s essential to plan with precision and avoid trips that may be extended unexpectedly.
Special Considerations for Certain Applicants
People with Temporary Protected Status (TPS), DACA recipients, or those in other discretionary immigration categories may have additional risks associated with travel. While the Biden administration has made travel under advance parole more accessible for some groups, this could change in future administrations.
Applicants with criminal histories, even if charges were dropped or records sealed, should take extra precautions. A minor past incident may seem insignificant but could become a barrier when attempting to reenter.
If you’re in removal proceedings, travel under advance parole is not recommended without a thorough review by a qualified immigration attorney. Doing so could have severe consequences, including triggering a final order of removal or making you ineligible for relief.
What You Can Do to Minimize Risk
Before making any travel decision while your adjustment of status application is pending, take the following steps:
- Get legal advice. An immigration attorney can review your case and flag any risks that may not be obvious from the surface.
- Do not travel without approved advance parole. Leaving the country before receiving the official document will almost always lead to the denial of your adjustment application.
- Keep copies of all travel and immigration documents. Having a complete set of paperwork during your travels may help reduce complications at the border.
- Monitor timelines closely. Make sure your return date falls within the validity period of your advance parole.
- Be honest at the port of entry. If questioned, remain calm and provide accurate answers. Misrepresentation can lead to serious immigration consequences.
Is Travel Ever Advisable?
In some cases, international travel while waiting for a green card may be necessary. Family emergencies, critical work matters, or other compelling reasons may outweigh the risks. If your immigration history is clean, and there are no bars to admissibility, travel on advance parole may be completed without incident.
Still, no one can predict what may happen at the border. Even well-prepared travelers have been denied reentry based on new interpretations of old records or unexpected policy changes. Every case is unique, which is why individualized legal guidance is so important.
Saavedra & Perez Law Can Help
If you are considering travel outside the United States while your green card application is pending, don’t take the risk lightly. The team at Saavedra & Perez Law in Fairfax, Virginia understands the stakes. We help individuals and families navigate complex immigration rules, assess risk factors, and make informed decisions that protect their future.
Contact our firm before making any travel plans. A short consultation now can prevent serious problems later.