Due to recent changes to United States immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status or applying for an immigrant visa (refugees and asylees). Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtains the proper documentation before leaving the United States. Aliens who have pending applications for certain immigration benefits need Advance Parole to re-enter the United States 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 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/H4 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 United States, 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 United States.
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