Skip to main content

Can I travel internationally and re-enter the U.S. after my I-140 is filed and/or approve

T
Written by Tech Owner
Updated over 2 weeks ago

Please contact your attorney with specific travel questions, so that they can advise on the legal strategy for your case. Generally:

If you are in a non-immigrant status (ex: F-1, O-1, TN, E-3, J-1, etc.), you can travel internationally and re-enter the U.S. in the non-immigrant status even after your I-140 is filed and/or approved. However, there will be international travel restrictions at the I-485 stage. You will not be able to travel internationally from when the I-485 is filed to when the advance parole (AP) is issued, which could be several months. It's important to note that if a green card has already been approved, any previously issued advance parole becomes invalid, and traveling with it could result in denial of re-entry. Additionally, non-immigrant visa holders should carry important documents like a valid visa stamp in their passport and, for F-1 visa holders, an updated I-20 with a travel endorsement while traveling. It's also recommended to wait at least six days after your last U.S. re-entry before filing Form I-485.

If you are in a dual intent status (ex: H or L), you can travel internationally and re-enter the U.S. in H or L status after your I-140 is filed and/or approved. You may also travel internationally and re-enter the U.S. in valid H or L status even while the I-485 is pending. Avoid nonessential international travel if your advanced parole has not been issued and your adjustment of status depends on continued presence in the U.S. When traveling, ensure you have all necessary documentation, such as a valid visa and recent pay stubs that demonstrate continued employment in the U.S.

Travel Safety Considerations

  • Always carry evidence of valid visa status and necessary supporting documents like employment pay stubs or updated immigration documents.

  • Minimize travel risks by refraining from international trips during the I-485 stage if your advance parole has not yet been approved.

  • Closely monitor for changing immigration policies and seek regular guidance from your attorney.

Impact of Travel Bans

Although country-specific travel bans generally do not impact the EB-3 process during LC and I-140 stages, those from countries under travel restrictions should avoid international trips. Remaining in the U.S. ensures that their applications remain eligible for processing without complications.

Did this answer your question?