Adjustment Of Status – Can You Travel While It Is Pending?

Can you travel abroad while your Adjustment of Status application is pending? As you plan an international trip, this question may run through your mind, but your Green Card is in the works. If you are unsure of the next step to take, seek the assistance of an immigration lawyer.

Here, you will learn more about the Adjustment of Status and whether you can travel abroad while your application is ongoing. Moreover, you will explore the various exemptions for traveling internationally in such a situation.

What Is An Adjustment Of Status?

Adjustment of Status (AOS) is the process by which individuals already in the United States apply for lawful permanent residency. This is a fundamental step toward establishing a long-term life in the country. It enables you to live and work indefinitely here and eventually pursue U.S. citizenship.

Common pathways to AOS include family-based immigration for spouses, children, parents, and siblings of U.S. citizens or lawful permanent residents. The immigration provision also covers certain foreign workers, Diversity Visa Lottery winners, and eligible refugees/asylums.

Applying for adjustment may seem daunting because of its complexities. However, what if your situation requires additional intricacies? What if you must travel abroad while your AOS case is being processed?

Can You Travel While Your AOS Application Is Pending?

Yes, you can travel while your application is pending, but knowing the rules and their implications is crucial. If you leave the country without the proper preparation, you might not be able to return or continue your application.

Think of it like stepping out of line in a busy store—if you don’t have a pass to get back in, you could lose your spot. Traveling during this time isn’t as simple as packing a bag and going. It requires planning and understanding the risks.

If you’re considering traveling while your application is still in the works, look into the specifics or talk to a Green Card attorney who can guide you. It’s all about keeping your journey towards residency on track without unnecessary hiccups. Meanwhile, there’s a way to get a “pass” for travel called Advance Parole.

What Is An Advanced Parole Document?

Advance parole is essential for individuals seeking to become Green Card holders in the United States through AOS. It permits one to travel internationally and re-enter the country without endangering their pending application.

You must secure an advance parole before your international travel. To do this, you should submit a detailed application that justifies the necessity of your trip, whether for professional, educational, or humanitarian reasons. Approval of this document ensures you can fulfill overseas commitments without compromising your eligibility for U.S. residency.

You must approach the application process for advance parole with meticulous attention to detail and an understanding of the associated requirements. Upon receiving the legal document, you can enjoy a degree of flexibility and reassurance. With this, you can engage in international travel without adversely affecting your path to U.S. residency.

Advance parole is necessary for most AOS applicants who wish to travel. However, certain situations allow individuals to travel outside the United States even without this document.

Exceptions To Traveling Abroad With Pending Application

If your AOS is pending and you lack advance parole, there are limited circumstances under which international travel may not jeopardize your Green Card application. Generally, without an advance parole document, international travel while awaiting Adjustment of Status is only permissible if your Visa falls under H, L, or V status.

H Visa Status

Under U.S. immigration law, H status typically means that you are in the United States on a non-immigrant Visa for work or as a dependent of a worker. Common types of H Visas include H-1B Visas for specialty occupations and H-4 Visas for dependents of H-1B Visa holders.

To qualify for this type of Visa, you must meet the criteria to demonstrate your eligibility. These requirements typically involve possessing knowledge or skills in a particular field. It also includes a bachelor’s degree or equivalent in the relevant specialty. Some of its subcategories include the following.

• H-1B. It is for foreign workers in specialty occupations that require specialized knowledge or expertise.
• H-1B2. This Visa is for individuals employed in Department of Defense (DoD) cooperative research and development or coproduction projects.
• H-1B3. It is for individuals in fashion modeling positions of distinguished merit and ability.

The H-4 Visa, on the other hand, is for dependents of H-1B Visa holders. It encompasses spouses and children who accompany the primary Visa holder.

The H Visa system facilitates the entry and residence of skilled workers and their families in the United States. It contributes to various sectors of the economy and fosters international collaboration and exchange.

L Visa Status

L Visas facilitate the temporary transfer of workers within the same company or organization to the United States. They are commonly granted to employees with executive, managerial, or specific knowledge positions within the organization.

The type of Visa consists of two subcategories: L-1A and L-1B Visas. The L-1A is for executives and managers transferring to a United States-based branch, affiliate, subsidiary, or parent company. These individuals are typically responsible for overseeing operations, making strategic decisions, and managing staff within the organization.

Alternatively, the L-1B Visa is for employees with essential knowledge or skills that the company needs. These individuals possess proprietary knowledge that is not readily available in the United States labor market. Roles may include those with technical knowledge, engineers, or individuals with advanced product knowledge.

L Visas facilitate the transfer of key personnel within multinational companies, enabling them to leverage their talent across international borders. These Visas help businesses work globally and ensure skilled employees can help their companies succeed in the United States.

V Visa Status

This provision enables spouses, children, and step-children of U.S. permanent residents to enter or remain in the country while awaiting their immigrant Visa petitions. It fosters family unity during the often lengthy processing period. This document permits international travel without jeopardizing pending AOS applications, ensuring the applications remain valid during travel.

Dealing with the complexities of these circumstances can be confusing. Thus, consulting with an experienced immigration lawyer is highly advisable. These lawyers, knowledgeable in immigration law, help you understand the implications associated with international travel during the adjustment of the status process.

Why Work With Lozano Law Firm

Lozano Law Firm in San Antonio, Texas, is a crucial ally if you have a pending Adjustment of Status application. This is especially true if you want to travel outside of the U.S. while waiting for the result of your application. Their seasoned lawyers excel in navigating intricate immigration processes, ensuring smoother procedures and favorable results.

Partnering with Lozano Law Firm offers invaluable support and guidance, instilling confidence throughout the journey toward legal residency. You can easily navigate complexities and potential challenges with their knowledge and skills. Here’s how they can help you achieve your goal of obtaining a Green Card in the United States.

Minimize Errors

Engaging a lawyer from the firm ensures thorough application preparation. They assist in reducing the risk of errors or delays that might obstruct your travel plans. With their guidance, navigating intricate immigration laws becomes more manageable. They can help you enhance the chances of a favorable outcome and instill confidence throughout the process.

Keep You Updated

Green Card attorneys keep you updated on evolving immigration policies and regulations. They ensure your case is managed following the latest guidelines. Their knowledge of immigration law allows them to anticipate potential challenges and create effective strategies to deal with them. Staying informed and proactive enhances the likelihood of a successful outcome for your immigration matters.

Provide Tailored Advice

Partnering with the firm provides personalized legal guidance tailored to your unique circumstances. Their dedicated immigration attorneys take time to grasp your needs and concerns, offering clarity and reassurance. With them by your side, you can confidently make informed decisions regarding your travel plans, ensuring smoother navigation through the complexities of immigration processes.

Dedicated to client satisfaction, the firm offers efficient and effective legal solutions. Entrusting your case to them ensures attentive communication, diligent representation, and a steadfast commitment to securing a favorable outcome. 

With professional and careful management of your immigration matters, you can travel without worry. Their abilities give you confidence to navigate the process’s complexities and achieve your desired results.

Summary

Adjustment of Status (AOS) is the process of applying for permanent residency within the United States. It allows indefinite residence and work benefits and eventually leads to potential citizenship. While pending, travel is possible but risky without proper documentation. Your lawyer can help you with this by exploring advance parole. Meanwhile, exceptions exist for certain Visa holders, such as those with H, L, or V status.

With these complexities, consultation with an immigration attorney is advisable to navigate challenges and ensure successful application and travel plans. Their knowledge minimizes errors and maximizes the chance of a positive outcome while providing tailored legal guidance and support.