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Do I Have to Apply for an Advance Parole before Travel while I-485 Pending?

Hi William:

My I-485 application has been pending for more than 2 years. Now I want to travel to my home country to visit my relatives. Can I travel abroad with my current working visa? or I have to apply for an Advance Parole (AP) before travel? 


If you plan to travel with a pending I-485 application with priority dates that are current, or that could become current during travel, then you need to consider the possibility of approval while abroad. One of the easiest solutions is filing and obtaining the Advance Parole (AP) before travel. 

If you plans to travel in H-1B (or L-1) status, who does not have a visa stamped in the passport, you may run a risk if the I-485 is approved while you are outside the United States. In this case, once your I-485 application is approved, you would not be eligible for a nonimmigrant visa stamp. However, if you do not have AP or the physical Green Card, there is no document that allows you to board the return flight. While there are some potential options to address this problem, it is likely to cause a delay in your return to the United States. 

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