11/03/2005: Approaching Travel Season and USCIS Advisory for I-485 Waiters
During the holiday season, it is expected that a lot of immigrants may travel outside of the U.S. The USCIS has issued advisory to the I-485 waiters not to leave home for international travel without Advance Parole. Please keep the following rules in mind when travel:
If you have a valid H-1B, H-4, L-1, or L-2, you may travel on the nonimmigrant visa and you do not have to travel on Advance Parole. When you travel on nonimmigrant status, please make it sure when you return that: (1) Your passport is valid; (2) You have a valid H or L visa in the passport. If you do not have one of these two, you will not be able to reenter the country.
Never reenter the country using any nonimmigrant visas other than a valid H or L. Entry on other nonimmigrant visa status will make your pending I-485 application abandoned and the I-485 application will be denied.
When you travel on Advance Parole, don't leave home without the hard copies of the "approved" Advance Parole. Application is not enough. Sometimes, Advance Parole is not a guaranty to return to the U.S. if it turns out, without your knowledge, that you were subject to 3-year or 10-year bar. In that case, even if you have in your possession advance parole documents, you should not leave the country.
Canada, Mexico, and adjacent islands are foreign coutries. If you overstep the boundary without a valid H/L visa status or without Advance Parole, your pending I-485 application will be considered abandoned and denied later. Again never reenter on a travel document waiver or other nonimmigrant status. Your I-485 will be denied later.