Immigrant Spouse Travel Lawyer
If you wish to travel outside of the U.S. (and return) while your application for a permanent visa is being processed, you must file form I-131, called an Application for Travel Document. You must also submit two photos of yourself and a letter explaining why you need to travel and when you will return. The filing fee is $165.
Permission to leave the U.S. while your application is being processed, also called advance parole is only granted for legitimate personal or business reasons such as a relative's death or a wedding. Reasons for travel must be documented by sources other than you.
If your petition for advance parole is granted, you will be given form I-512 which will allow you to travel outside the U.S. and will give the date that you must return by. That date should coincide with the date of your adjustment of status interview. If you do not return by this date, you will not be admitted back into the U.S.
Are There Negative Consequences to Obtaining Advance Parole?
Beware. If you have stayed illegally in the U.S. for more than 180 days at the time you filed your application than you may not leave until it's processed. If you leave without permission from the BCIS, they will consider your application abandoned and you will not be allowed to return.
Also be aware that once you obtain advance parole, your immigration status is changed to parolee and if you are denied permanent residency you will have fewer remedies available to you than as a deportable non citizen (your status without advance parole). Because of this, you should only apply to travel outside the U.S. while your application is being processed if it is absolutely necessary.
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Last Modified: 11-21-2012 01:19 PM PST
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