Read on Reddit.com // With the October Visa Bulletin moving forward, many will file I-485s. Don’t let travel sink your case; be extremely careful with this. I came across a LinkedIn post from immigration lawyer Robert Webber (I am not affiliated to him in any way) that I thought is interesting. This post is partially based on his information with some personal touches and the addition of an official link.
Definition: Adjustment of status (AOS) refers to the transition from a nonimmigrant visa to a perment residency status (green card). AOS is the exception to the usual “get an immigrant visa at a consulate” process, so the travel rules are stricter.
Core rule
To file I-485, you must be physically in the U.S.
After filing, most applicants must remain in the U.S. until Advance Parole (AP) is approved. Departing without AP is typically treated as abandonment of the I-485.
Who can travel without AP (narrow exception)
H-1B/H-4 and L-1/L-2 holders (true dual-intent categories) may travel after filing without AP, but:
You must be physically in the U.S. on the exact date USCIS receives your I-485.
Maintain valid H/L status and documentation for reentry.
Consult with an immigration attorney in case of doubt: do not jeopardize your whole process!
Who cannot travel without AP
Any other non-dual intent nonimmigrant visa holders such as F-1, O-1, TN, J-1, and most others: Do not depart until AP is approved, or your I-485 may be deemed abandoned.
How long does it take to get Advanced Parole
For official median processing times, visit this USCIS website
AP waits of ~6 months are common so plan accordingly (right now the above website is indicating 6.1 months for FY2025, the latest available data).
Practical tips
If you think you will need it, file I-131 (Advance Parole) with your I-485 package. Remember it does add cost to your adjustment of status package ($630 more) and the fees are “per person” in the family unit, so costs quickly add up.
Avoid non-essential travel until AP is in hand (unless you’re clearly in H/L and meet the conditions above; in case of doubt consult with a lawyer).
In case of doubt consult with a qualified immigration lawyer!
My own opinion
In the current immigration climate with this current administration, I would personally not travel during AOS unless strictly necessary due to emergencies and if I clearly fell into one of the conditions stated above (AP on hand and/or valid dual intent visa).
