Permission to Travel Outside the U.S. During the Green Card Process

An alien in the United States that files an Application to Adjust Status (Form I-485), which is the official name of a green card application filed inside of the U.S., cannot leave America until receiving a green card unless he or she requests and receives permission to travel from USCIS. A greencard applicant that leaves the United States without permission after filing will be deemed to have abandoned the application and USCIS will terminate it (unless the applicant has an unexpired K-3 or K-4 visa).

A foreign national spouse that has been in the United States illegally for more than 180 days should never leave the U.S. until receiving lawful permanent resident (LPR) status (i.e., a green card), though. Even if such a spouse receives permission to travel internationally, if he or she leaves the United States before getting a green card, he or she will not be allowed back into the U.S. for three or ten years.

Permission to travel outside the United States during the green card process is called “advance parole.” An alien spouse who wants to travel outside the United States for a legitimate business or personal reason obtains advance parole by filing an Application for Travel Document (Form I-131) with USCIS. The foreign national spouse can file Form I-131 along with the Alien Relative Petition (Form I-130) and Application to Adjust Status (Form I-485) or afterwards.

Obtaining advance parole generally takes one to two months. Expediting the process is possible in emergencies.