The following for general information only and is not legal advice. Please consult a qualified immigration lawyer to discuss your unique situation.
Once an I-485 – Application to Adjust Status has been filed an alien should proceed with caution before leaving the US. With the exception of certain H and L visa holders, prior to traveling abroad, an adjustment applicant must have applied for (using Form I-131), and been granted Advance Parole. This travel document is valid for up to one year and may permit multiple entries.
Caveats:
1. The alien must have been granted Advance Parole while in the US, if not (s)he will be deemed to have abandoned his or her adjustment application;
2. It is the alien’s responsibility to ascertain that (s)he is entitled to Advance Parole. If an alien is subject to the 3 or 10 year bars to reentry, was erroneously granted Advance Parole, and tries to reenter the US, the inadmissibility bars would still apply;
3. The alien must depart and return during the validity of the Advance Parole document and must be in the US while awaiting extension of Advance Parole.
