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A. FOREIGN TRAVEL: Applicants for Adjustment of Status (AOS) must be physically present in the U.S. at the time their case is filed and are strongly encouraged to remain in the United States while their applications are pending. However, if travel outside the U.S. is necessary, it can be done in two ways:
1. Travel abroad is possible for applicants and their family members who have:
a) a valid H or L visa stamp in their passports (for Canadian citizens approval notice alone is sufficient); and
b) the original I-485 receipt notice issued by the INS showing that you have filed an AOS application.
Valid H or L status means that the principal alien is continuing to abide by the terms of the approved petition and any H-4 or L-2 dependents have not violated their nonimmigrant status by working under EAD employment authorization. Regarding the receipt notice, it is usually received from the INS about 5 weeks after the AOS has been filed. This means there is about a five-week period after filing the AOS application, during which even those people with valid H or L visa holders may not be able to travel outside of the U.S. Accordingly, please inform us as soon as possible of any travel arrangements you may have in the next several months. To the extent possible, it is best if we are informed of potential travel issues prior to the filing of the I-485 adjustment application so that we can best coordinate the filing of the adjustment application with your plans.
2. If you are in the U.S. on any other visa, or your H/L is about to expire soon, you and your family may be able to travel abroad while your AOS is pending, with an Advance Parole, which will allow you to re-enter the U.S. after foreign travel. The Advance Parole document can be applied for at the same time that the AOS is filed.
a. PLEASE NOTE: If you apply for Advance Parole (and do not have a valid H or L visa stamp in your passport), you cannot leave or reenter the U.S. until you have received the actual Advance Parole document itself. As this is the case, we request that you inform us of any foreign travel plans you may have in the upcoming months. Currently, the estimated INS processing time for the Advance Parole can take from 45 days to 5 months. Advance Parole allows for one year of unlimited travel outside of the U.S. To prevent the abandonment of the AOS application, it is imperative, however, that the adjustment applicant re-enter the U.S. prior to the expiration of the Advance Parole. Note that if you travel without having secured the required Advance Parole, the INS will likely find that your Adjustment of Status application has been abandoned. Please also note that if you re-enter the U.S. on Advance Parole you will no longer be in H or L status and will need an EAD document (discussed below) in order to continue working legally in the U.S.
B. WORK AUTHORIZATION: An applicant who is applying for an Adjustment of Status may also apply for an Employment Authorization Document (EAD). Your spouse and family members are also eligible to apply for an EAD even if they were not previously authorized to work in the U.S. Regarding foreign travel, note that once they begin working on an EAD they will no longer be eligible to travel on their H or L visa and must secure Advance Parole travel authorization prior to departing the U.S.
1. If you have a valid nonimmigrant status (H or L) which authorizes you to work in the U.S., as confirmed by a valid I-94 card, you may continue to work under that status until it expires. If this nonimmigrant work authorized status expires prior to the approval of the Adjustment of Status application, however, you may need to apply for an EAD card or an extension of your nonimmigrant status in order to prevent an interruption of your ability to work legally in the U.S.;
2. Please note that if your spouse or family members are currently not authorized to work in the U.S., they may be unable to work legally in the U.S. prior to applying for and receiving an EAD card. The current estimated processing time for approval of an EAD is 90 days from the date the application is received by the INS. Please contact our office if you have not received your EAD within 90 days of filing;
