I am a Canadian citizen. I recently married an American citizen and filed my I-485. Do I need an I-131 advance parole to travel back and forth from Canada? Will traveling without an approved I-131 jeopardize my I-485 adjustment of status? Also, could I travel anywhere, or just to the location specified in the I-131? Can I travel to Europe and back?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyUnless you have a valid H-1B or L-1, traveling without an approved advance parole will result in the abandonment of your adjustment application.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you leave the U.S. for Canada or anywhere else without the advance parole you will be abandoning your pending I-485 even if you are a Canadian national.
Daniel A Zeft
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you have a pending I-485 and you depart the United States, then you must have an advance parole document to be readmitted to the United States. Your I-485 will be denied if you depart the United States without first obtaining an advance parole document.
Carolina Kripinski
Find an EB-5 Visa Lawyer: Immigration AttorneyYou MUST apply for I-131, Application for Travel Authorization. We also recommend applying for the Work Authorization as well (I-765). If you leave the country without an approved I-131, USCIS will consider that you withdrew your I-485 application. Do not travel without an approved travel authorization.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you filed for adjustment status from H-1B or L-1 status then you can travel before receiving advance parole without causing the I-485 to be abandoned. If not, traveling internationally before advance parole is issued will cause the I-485 process to stop.
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyTo avoid abandoning your pending I-485 adjustment of status application, apply for an advance parole document (Form I-131). A valid advance parole document must be received by you before you travel outside the US. You may travel to various countries and come back to the US on a valid advance parole document.
DISCLAIMER: 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.