What is the law regarding temporary foreign travel with a pending I-485?

UPDATED: Jul 11, 2012

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What is the law regarding temporary foreign travel with a pending I-485?

I am in the USA on H-1B status, port of entry using an F-1 visa and haven’t left since. I am about to apply for adjustment of status. I have talk of travel plans later this year which may be during the approval process. I cannot risk the random security check for the H-1B visa due to my employment. How would Advance Parole work for me? Am I allowed to use AP? What would I need for re-entry to the US with AP?

Asked on July 11, 2012 under Immigration Law, Illinois


SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As long as you have always been in status in the US you should be able to use advance parole without any problems.  You will get that about 60-90 days after submitting the application so do not make any travel plans until you know you have the document in hand.

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