By Marjan Kasra
The era of assuming safety just because you filed your I-485 while in status is over. Adjustment of Status remains possible, but risks are higher, especially if you travel on Advance Parole.
Authorized stay versus lawful status
A pending I-485 can stop unlawful presence from accruing, but it does not convert you into lawful nonimmigrant status. Once your I-94 period ends, you can be charged as out of status even though your I-485 remains pending. This distinction is clear in the Adjudicators Field Manual and USCIS policy guidance.
Why advance parole travel is riskier in 2025
If you leave and return on Advance Parole, you are paroled rather than admitted. Parolees are treated as applicants for admission. Under current ICE interim guidance, that posture can come with detention and bond disadvantages if inadmissibility is alleged.
The H-1B and L-1 travel playbook
If you have a dual-intent status such as H-1B or L-1 visas and a pending I-485, you can travel and return in H or L status instead of using Advance Parole without abandoning your adjustment case. USCIS recognizes this exception for H and L nonimmigrants. This is often the safer choice because you are admitted in lawful nonimmigrant status rather than paroled as an arriving alien.
Exactly what to do before you travel on H or L visa
Confirm you still have a valid H or L classification period. Your I-797 approval notice for the H-1B or L-1 must be unexpired on the date you reenter. Confirm you have a valid H or L visa stamp in your passport. If your visa stamp has expired, you must plan for a consular visa appointment abroad or avoid travel unless you knowingly accept the risks of Advance Parole. Coordinate with your employer. For H-1B, carry a recent employment verification letter and a few pay stubs. For L-1, carry a current employment letter and any corporate documents normally used for company travel. Carry your original I-797 approval notice, your valid H or L visa stamp, your passport, and a copy of your I-485 receipt. If you are traveling with your H-1B or L-1, make sure your underlying I-797 notice for an approved H-1B or L-1 is still valid.
What to say and show at the airport
Present your passport with the valid H or L visa and your unexpired I-797 approval notice. State clearly to the CBP officer that you are seeking admission in H-1B status or in L-1 status. Do not hand over your Advance Parole document if your plan is to be admitted in H or L status. Keep it as a backup only if the H or L entry fails.
After you reenter the U.S. on H or L visa
Download your new I-94 and verify that the class of admission shows H-1B or L-1 and that the admit-until date matches your I-797 approval period. If CBP shortens the I-94 because of a passport expiry, fix it while you are still at the airport or schedule a deferred inspection visit. Continue working only under the terms of the H or L approval.
What about H-4 and L-2 dependents
Spouses and children may also travel and reenter in H-4 or L-2 status if their visas are valid and their I-797 approvals are unexpired where required. Spouses relying on work authorization should confirm their current I-94 and any automatic work authorization extensions before traveling.
When to avoid advance parole
Avoid Advance Parole if you have unresolved status issues, if you have any law enforcement contact including arrests that were dismissed, or if there is any risk of an inadmissibility finding at the port of entry.
If you already left and plan to return on advance parole
Travel only if necessary. Bring certified court dispositions for any prior incidents and proof of compliance with all status and employment terms. Be prepared for secondary inspection to verify eligibility for parole. Have legal counsel ready if you have any history that might trigger questions.
Deportation versus voluntary departure
Being deported carries with it a ten-year bar from reentry under INA section 212(a)(9)(A). Avoiding a removal order should be a priority at all costs. If you are facing deportation, voluntary departure can be a better outcome. Voluntary departure allows you to leave the United States within a set time without a removal order on your record. This avoids the automatic ten-year bar for removal and preserves better options for returning in the future. You may still need to apply for an I-212 waiver to return sooner, which is discretionary and requires strong supporting evidence.
Prepare before you travel
If you hold H-1B or L-1 status, use that status for re-entry if possible and ensure your I-797 and visa stamp are valid. Avoid aggravating factors while your case is pending. If you face removal proceedings, act quickly to preserve eligibility for adjustment or negotiate voluntary departure. Being deported creates a ten-year barrier to reentry and forces you into the waiver process, which is uncertain and time-consuming.
The most effective strategy in 2025 is to plan, maintain a lawful status whenever possible, and travel in a manner that minimizes enforcement risk. Protecting your eligibility now can mean the difference between a successful green card approval and years of fighting to return to the United States.
DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
