Traveling Outside the USA with Pending Immigration Applications: I-130, I-485, and I-765

Traveling outside the USA while your immigration applications, specifically the I-130 Petition for Alien Relative, I-485 Application to Register Permanent Residence or Adjust Status, and I-765 Application for Employment Authorization, are pending can be a complex and risky endeavor. This article will provide a detailed guide to help you understand the implications and necessary steps to ensure your application remains on track.

Key Points to Consider

I-485 Pending

If your I-485 application is pending, and you leave the USA without an approved Advance Parole (Form I-131), your application may be considered abandoned. Advance Parole can be issued to allow you to re-enter the U.S. while your application is still pending. This is crucial to ensure that you do not unintentionally jeopardize your legal status.

I-130 and I-765

The pending status of the I-130 and I-765 does not directly impact your ability to travel. However, the status of your I-485 application is the most critical factor. Depending on your situation, your travel plans should be aligned with your overall immigration strategy to avoid complications.

Advance Parole

If you have an urgent need to travel while your I-485 application is pending, it is highly recommended that you apply for Advance Parole before departing the United States. Obtaining this approval is essential to ensure you can re-enter the country without issues. Failure to do so could result in your application being abandoned or your re-entry being denied.

Risks of Travel Without Advance Parole

Traveling without Advance Parole could lead to several complications, including being denied readmission to the USA. This could jeopardize your immigration status and your pending applications. Additionally, if you have accrued unlawful presence, you may need a waiver upon your return. In some cases, a non-immigrant visa may not be issued, as you may be considered an intending immigrant.

Seeking Legal Guidance

The complexities of immigration law are numerous and can vary significantly from case to case. It is highly advisable to consult with an experienced immigration attorney to understand your specific circumstances and the best course of action. An attorney can provide personalized guidance to help you navigate the intricacies of your situation.

Conclusion

In summary, if your I-485 application is pending, it is crucial to obtain Advance Parole before traveling outside the USA. Failure to do so can result in your application being abandoned or significant complications when you attempt to re-enter the country. Always carefully weigh the benefits of travel against the risks to your immigration status and seek appropriate legal assistance for your specific needs.