Can I Travel Outside the US While My Marriage Green Card Visa Application Is in Process?

Green card applicants who have applied for adjustment of status can only travel with permission from the USCIS. Aliens with pending adjustment of status applications must first apply for Advance Parole and may only travel upon approval of the application for advance parole. Such aliens must carry the approved Advance Parole application and present such upon re-entry. Those aliens on H-1B or H-4 visa status are not required to obtain advance parole. Such aliens may travel on the H visa. However, it is important to speak to an experienced immigration attorney before traveling to ensure that current state of the law and that there are no special requirements that may apply to that alien.

Aliens who entered illegally and those that overstayed their visa may not qualify for advance parole and may not be permitted to return to the US after traveling abroad. Such aliens should consult an experienced immigration attorney before making any travel plans.