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What Are the Documentary Requirements for Travel Outside the United States
for H-1 and L-1 With Pending Applications for Adjustment of Status?
Current Service regulations at § 245.2(a)(4)(ii) require that all
adjustment applicants obtain advance parole authorization prior to traveling
outside the United States. Prior to enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 [IIRIRA], such persons were
deemed to be applicants seeking admission and were subject to the grounds of
excludability. The Service imposed the advance parole requirement and the
concomitant exclusion process in order to maintain control over t he re-
entry of such aliens. With the phasing out of exclusion proceedings under
IIRIRA, however, the Service believes it is now appropriate to amend its
regulations to provide fuller effect to section 214(h) of the Act by
exempting H-1 and L-1 nonimmigrants with pending applications for adjustment
of status (as well as their dependent family members) from obtaining
advance parole authorization prior to traveling outside the United States.
Generally, such H-1 and L-1 nonimmigrants may be readmitted into the United
States in the same status provided they are in possession of a valid H-1 or
L-1 nonimmigrant visa (for those aliens not visa exempt), and the original I
-797 receipt notice for the application for adjustment of status, and
continue to remain eligible for H-1 or L-1 classification. All other
nonimmigrants with pending applications for status must obtain advance
parole authorization in accordance with § 245.2(a)(4)(ii) prior to
traveling outside the United States.
I-131 instructions:
If you are in the US and wish to travel abroad, you DO NOT need apply for an
AP if Both conditions are met:
H1/H4, L1/L2, K3/K4, V2/V3 nonimmigrant categories
I-485 was filed and pending.
for H-1 and L-1 With Pending Applications for Adjustment of Status?
Current Service regulations at § 245.2(a)(4)(ii) require that all
adjustment applicants obtain advance parole authorization prior to traveling
outside the United States. Prior to enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 [IIRIRA], such persons were
deemed to be applicants seeking admission and were subject to the grounds of
excludability. The Service imposed the advance parole requirement and the
concomitant exclusion process in order to maintain control over t he re-
entry of such aliens. With the phasing out of exclusion proceedings under
IIRIRA, however, the Service believes it is now appropriate to amend its
regulations to provide fuller effect to section 214(h) of the Act by
exempting H-1 and L-1 nonimmigrants with pending applications for adjustment
of status (as well as their dependent family members) from obtaining
advance parole authorization prior to traveling outside the United States.
Generally, such H-1 and L-1 nonimmigrants may be readmitted into the United
States in the same status provided they are in possession of a valid H-1 or
L-1 nonimmigrant visa (for those aliens not visa exempt), and the original I
-797 receipt notice for the application for adjustment of status, and
continue to remain eligible for H-1 or L-1 classification. All other
nonimmigrants with pending applications for status must obtain advance
parole authorization in accordance with § 245.2(a)(4)(ii) prior to
traveling outside the United States.
I-131 instructions:
If you are in the US and wish to travel abroad, you DO NOT need apply for an
AP if Both conditions are met:
H1/H4, L1/L2, K3/K4, V2/V3 nonimmigrant categories
I-485 was filed and pending.
