Travel While Applying for Adjustment of Status

Return to main Adjustment of Status page

An applicant for adjustment of status who departs the United States without first obtaining advance parole shall be deemed to have abandoned their adjustment application:

8 CFR 245.2(a)(4)(ii)(B) The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. If the adjustment of status application of such individual is subsequently denied, he or she will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act.

Under certain limited circumstances, specific adjustment applicants may travel and return without advance parole and not have their applications deemed automatically abandoned. 8 CFR 245.2(a)(4)(ii)(C) provides:

The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status.

Advance parole is available only to those who have applied for adjustment of status and are not subject to the three or ten year bars to entry for having remained in the United States in "unlawful status" for more than 180 days (three year bar) or 12 months (ten year bar).

If an adjustment applicant was in lawful status at the time he or she filed for adjustment of status, the subsequent expiration of their nonimmigrant status is of no consequence. They remain in lawful status by virtue of having filed for adjustment of status while still in lawful status.

If an adjustment applicant was out of status at the time he or she filed for adjustment of status, the mere filing of the adjustment application will not prevent the accumulation of days in "unlawful status." To put it another way, if a person is "out of status" when they file for adjustment of status, they remain "out of status" (though not subject to removal) while their adjustment application is pending. The filing of the application does not stop the accumulation of time in "unlawful status." In such a case, if an adjustment applicant with more than 180 days in unlawful status were to go abroad, they would be prevented from re-entering the U.S. because the three year exclusion would apply.