“Can I travel when my 45 is pending?” I get this question a lot, especially now
when the holidays are upon us and people want to travel and see their families. So, watch
this video, we'll talk about travel and pending Adjustment of Status. In this video, we’ll
talk about the holidays’ travel plans, and can you travel when you're 45 application
is pending? But before that, if you're here for the first time, subscribe to our channel,
click the bell to be notified that new videos are coming out a few times a week. Click the
like. We'll have that. And also, if you have Instagram, make sure you follow us on Instagram.
We have two accounts, would love to connect with you there as well. Can you travel when
your application is pending, specifically if your adjustment of status is pending? So
first of all, if you have an application pending which is like an extension of a visa or Changes
of Status in the US until that is approved you cannot travel. But in this video, I want
to focus on the Adjustment of Status application, which is the I-45 that is filed either through
a marriage or family petition or through employment. So, if we’re focusing on employment right
now, typically, the person will have a non-immigrant visa like an H1B or an L1 or any other visa,
and then they go through the process of getting a green card and the final step is the adjustment
of status. So, the Adjustment of Status may be pending for a while. So, the 45, as long
as it's pending, if you have an advance parole, which is an I-131, which is a combo card with
a work permit, as long as you have that advanced parole, you can travel even if your I-45 is
pending, right? So that's why, especially now during the holiday season, it's really
important to plan in advance and file your advance paroles, four, five, even six months
in advance if you can, because it's taking really long time right now. If you don't have
an advance parole, and you have a 45 pending, only if you have an H1B visa, or an L1 visa
in your passports, that is the only exception, you can travel as long as you come back on
that visa, right? If you have any other visa, you should not be traveling, unless you have
a travel permit. So that's why, again, during this period of holidays, when people are really
eager to travel, they want to visit family, usually buy their plane tickets, and then
they realize that, yes, they have their Adjustment of Status pending but their visa, for example,
let's say they're still students, or maybe they're here on a J visa or some other visa
that does not allow them a dual intent, then they won't be able to leave until they get
their advance parole, the I-131. So, it's really important to get that document if you
don't have a visa that allows you to travel which is the h1 or an L1 in this case. So
to answer the question, if you have a 45 pending, it really depends in most cases, yes, you
can travel as long as you have another visa that is still in status. And you can use that
like an H or an L, or if you received your advance parole, the travel document, the I-131
that is already approved, then you'll be able to leave and come back, even if your Adjustment
of Status application is pending and it has not been approved yet. Now, remember, we have
a lot of people that are filing for Adjustment of Status, and their travel permits are still
pending and they don't have any other visa that will allow them to travel. Those people
should not leave the US under no circumstances because if you try to come back and they'll
determine that your advance parole has not been approved yet, then you will have really
serious issues in coming back to the United States. So again, it's the holiday season
and we wish you a Merry Christmas and a beautiful new year. But remember, plan applying for
your travel documents on time so you won't be stuck when you're Adjustment of Status
is still pending, and you're not able to leave the country. So, it's a really common question
that we get. And I wanted to make this video to explain what you can do. And again, a very
typical example where we have a client that left the United States under Adjustment of
Status while it was pending. But they were here on their OPT. And they didn't have a
visa, their parole documents were not approved yet. And so, when they were coming back to
the United States, they spent hours and hours in secondary inspection until finally, they
were able to let them in. But they were lucky because typically, they should not have let
him in. Because you're not allowed to travel unless you have your parole documents approved
or any other visa that allows you to travel even when your Adjustment of Status is pending.
So, just kind of a word of caution, especially now, holiday season, you're making travel
plans. Make sure that you're aware of what's your visa status, are you able to travel?
And if you are not sure, talk to an immigration attorney because once you're out of the country,
it will be virtually impossible for you to come back. So once again, happy holidays and
let me know in the comments if you have any questions. Share this video with somebody
that may be interested or care about this information. Thanks for watching.