Can You Leave the U.S. While Waiting for Your Green Card?

Applying for a green card (lawful permanent residency) is a life-changing process that many immigrants work toward for years. It’s an opportunity to build stability, access more opportunities, and lay down long-term roots in the United States. But the process is not quick; it can take months or even years, depending on your situation. During that waiting period, one of the most common and pressing questions we hear at Kamal Law Firm is: “Can I travel outside the U.S. while my green card application is pending?”

The short answer is: it depends. While it may seem like a simple matter of leaving the country and returning later, immigration law is not that forgiving. In many cases, leaving without proper authorization can lead to your green card application being considered abandoned, essentially wiping away months or years of progress. On the other hand, with the right planning and documentation, international travel is possible without jeopardizing your application.

In this blog, we’ll explain the rules surrounding travel during the green card process, the risks of leaving without permission, how to apply for "Advance Parole", and what special considerations apply to different categories of applicants.

Understanding the Green Card Application Process

Before diving into travel restrictions, it’s important to understand the stages of the green card process:

1. Adjustment of Status (AOS): If you are already in the U.S., you may file Form I-485 to adjust your status to permanent resident. This is the group most affected by travel restrictions.

   
   

2. Consular Processing: If you are applying from outside the U.S., your interview and visa issuance occur at a U.S. consulate abroad. International travel does not pose the same risks in this process because you are not waiting inside the U.S. for approval.

This blog focuses primarily on Adjustment of Status applicants—those applying for a green card while living in the U.S.

Why Leaving the U.S. Can Be Risky

When you file Form I-485 for adjustment of status, U.S. Citizenship and Immigration Services (USCIS) assumes you intend to remain in the U.S. until your case is resolved. If you leave without proper authorization, USCIS may view this as abandoning your application, which can lead to automatic denial.

Risks of leaving without permission include:

• Abandonment of your green card application

• Loss of filing fees and processing time (you may have to start over).

• Difficulty re-entering the U.S. (depending on your visa status or lack thereof).

• Potential bars on reentry if unlawful presence is triggered.

Advance Parole: The Key to Travelling Safely

The most common way to travel while your green card is pending is by applying for Advance Parole (Form I-131).

1. What is Advance Parole?

   It is written permission from USCIS that allows you to leave the U.S. temporarily and return without abandoning your green card application.

   
   

2. Who can apply?

   Adjustment of Status applicants who have filed Form I-485 can usually file Form I-131 at the same time.

   
   

3. How long does it take?

   Processing can take several months. Travelling before approval is not recommended, as leaving without Advance Parole in hand is considered abandonment.

   
   

4. How long is it valid?

   Typically, one year, with multiple entries allowed.

Special Considerations for Different Applicants

1. Applicants with Pending Asylum Cases

   Travelling back to your home country while an asylum-based green card is pending can be extremely risky. USCIS may view it as evidence that you are no longer afraid of persecution, jeopardizing your case.

   
   

2. Applicants with Unlawful Presence

   If you have accrued unlawful presence before filing your green card application, leaving the U.S. may trigger a 3-year or 10-year bar to reentry, even if you have an Advance Parole. You should consult with an immigration attorney before making any travel decisions.

   
   

3. Employment-Based Applicants

   Employees waiting for green cards through work may also apply for Advance Parole. However, if you maintain a valid H-1B or L-1 status, you may be able to travel and re-enter on your work visa instead of an Advance Parole.

   
   

4. Family-Based Applicants

   Spouses and immediate relatives applying for green cards through family petitions must also secure Advance Parole before travelling unless they still hold another valid non-immigrant visa that permits reentry.

Travelling Without Advance Parole: What Can Happen?

If you leave the U.S. while your adjustment of status is pending without Advance Parole (and without another valid visa for reentry):

• Your I-485 application will be automatically considered abandoned.

• You may be denied reentry at the border.

• You will likely have to restart the green card process from scratch.

This is why immigration attorneys strongly caution against travelling without the proper documentation in place.

Tips Before Planning International Travel

If you are waiting for your green card and considering travel, here are important steps to take:

• File Form I-131 early, ideally at the same time as your I-485.

• Do not leave until Advance Parole is approved and received.

• Check processing times and plan your travelling well in advance.

• Consult with an attorney, especially if you have prior immigration violations, unlawful presence, or a complex case.

• Carry documentation, always travel with your Advance Parole document and a copy of your pending green card application receipt (Form I-797).

Final Thoughts on Can You Leave the U.S. While Waiting for Your Green Card?

Waiting for a green card is already a stressful process, and the desire to travel to see family, handle emergencies, or simply take a break is natural. But in U.S. immigration law, timing and documentation matter. Leaving without the right permissions can undo months or years of progress and place your future in jeopardy.

At Kamal Law Firm, we help immigrants across Texas and beyond navigate these complex rules with clarity and confidence. Whether you need guidance on Advance Parole, have a complicated immigration history, or simply want to avoid costly mistakes, our team is here to protect your path to permanent residency.

Contact Kamal Law Firm today to schedule a consultation before making any travel decisions while your green card application is pending.