Use AP to travel outside US while I-485 is pending
niwnow,
I found this out (posted on the USCIS website which I guess is a reliable source) when I googled:
http://www.uscis.gov/graphics/services/Emergency/index.htm#Advanced
http://www.uscis.gov/graphics/services/Emergency/index.htm#Overview
http://www.uscis.gov/graphics/howdoi/PermRes.htm#travel
Rule 1: Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.
Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:
Filed an application for adjustment of status but have not received a decision from the USCIS;
Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
An emergent personal or bona fide reason to travel temporarily abroad. Applicants who are the beneficiary of a Private bill and Applicants who are under deportation proceedings must file to the Department of Homeland Security, 425 I Street, NW, ATTN: Parole and Humanitarian Assistance Branch, Washington, DC 20536
Rule 2: I-551 document for Legal Permanent Residents
Before leaving the U.S. on an emergency, aliens should determine if they require a travel document to re-enter the country. There are several types of travel documents that aliens (including legal permanent residents) must obtain if they wish to re-enter the country after travel outside of the U.S. The following sections examine re-entry permits, advance parole, and refugee travel documents. To apply for any of these benefits, use Form I-131. A summary is provided below. For further information on the purpose of these documents and eligibility requirements, please refer to 8CFR.223.1.
Caution:
Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status, extending their nonimmigrant stay, or changing their nonimmigrant status. Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the U.S.
International Travel
A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.
So it is very clear that I-131 (advance parole) is highly recommended if your I-485 is pending. Consider teh following scenario:
Suppose you travel outside US using your H1B while your I-485 is pending and your I-485 is approved while you are abroad. Now you are going to face a problem when you enter the US without I-551 document. If you re-enter US using your H1B, USCIS may deem that you have abandoned your legal permanent resident status as you declare yourself as a "nonimmigrant" to enter this country, and your green card may be revoked. So trying to save less than $200 on processing fee for advance parole can cost you your green card if you are not careful. It is up to you to decide what is best for you if you anticipate international travel while your I-485 is pending.
