Home  William's Answers for Immigration and Visa Questions  |  Google+  Facebook  Twitter
Should I Use AP to Travel to My Home Country while My I-485 Is Pending?

Hi William,

Due to the economic problem of my employer, I got layoff. I have not held any immigration status for over two months. My friend told me I was "unlawfully present."

I filed my I-485 application and Advanced Parole already (Application for Adjustment of Status), and the I-485 is pending. Since I do not have a valid I-94, and I have not seen my family in many years. Should I use the AP to travel to my home country while my I-485 is pending?


There is a difference between being out of status and being unlawfully present under U.S. immigration law. If you are out of status for over 180 days, you are not entitled to obtain the I-485 approval under law. 

After you were unlawfully present in the U.S. for more than 180 days, you will be subject to either a three-year or ten-year bar to admission to U.S., even you have Advanced Parole (AP). The AP does not protect you from this consequence. Thus, even if you are allowed to return to U.S. with the AP, you potentially will be unable to adjust status to permanent residence. Such travel is not advisable.

Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page

For All Your Immigration and Green Card Application Needs
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com