Travel Abroad During the Permanent Resident Status Application Process
After the submission of an application for permanent resident status (green card) is submitted to U.S. Citizenship and Immigration Services (USCIS), the applicant is considered to be in Adjustment of Status (AOS) status. During the application processing period, one must be aware of the USCIS provisions regarding employment authorization and re-entry to the U.S. after travel abroad is undertaken. Earning income and/or re-entering the U.S. during the application processing period with inappropriate documents may inadvertently invalidate the pending permanent resident application.
Applicants for permanent resident status, except individuals in H or L status (see below) will need advance permission from the USCIS before traveling abroad and returning to the U.S.
Advisories for J, O, TN and E Beneficiaries
Foreign Nationals who currently hold J-1, J-2, O-1, TN or E-3 status and have submitted an immigrant petition (Form I-140) or an Application to Adjust Status (Form I-485) must also apply for and be granted employment authorization (an EAD) and “Advance Parole” to re-enter the U.S. after travel abroad is undertaken. Travel abroad and subsequent re-entry on an advance parole document invalidates a previous non-immigrant status including any employment authorized by that status, and thereafter you must have the employment authorization card (EAD) issued by USCIS to adjustment of status applicants. The application processing time period for EAD generally speaking is 90 days. Applicants are advised to Form I-485, Form I-131 and Form I-765 packets at the same time.
Advisories for H Beneficiaries
Foreign Nationals who hold H-1B and H-4 status have the option of traveling without “advance parole” if he or she possesses the following documents:
- A valid passport with valid H visa stamp. (No visa is required for Canadian citizens, however; for beneficiaries who are citizens of other countries, a valid visa stamp must be obtained from an American Consulate or Embassy before returning to the U.S. if the current visa stamp has expired);
- The original USCIS issued approval notice (Form I-797) showing a current H status validity period;
- A letter from the sponsoring University department/center confirming that the H-1B beneficiary continues to be employed in the same position for which H status was obtained; and
- The original USCIS Receipt Notice for the Form I-485 (the receipt notice may not be requested at the consulate or embassy office, or at the port of entry, however; evidence of all immigrant petitions and applications should be made available during periods of travel abroad.
Not all H beneficiaries who have submitted an application for adjustment of status are eligible to re-enter the U.S. using H documents. An “Advance Parole” document is required if the beneficiary:
- used an Employment Authorization Document (EAD) to earn income from an employer other than the University of Florida; or
- is an H-4 (dependent of and H-1B beneficiary) and has used an EAD to earn income from any U.S. employer.
The alternative to maintaining H-1B status during the permanent resident status application process is to file the Form I-131 for “Advance Parole,” which grants special permission to travel in and out of the U.S. during the period that the Application to Adjustment of Status is pending. If Advance Parole is granted by USCIS and a Customs and Border Protection officer admits the foreign national to the U.S. under the Advance Parole option, from that date forth, the foreign national will be required to earn income with employment permission that is based on an approved Form I-765 for employment authorization (EAD). Use of an Advance parole document invalidates the H-1B status. Visit the Customs and Border Protection website for more information about entering the U.S.