Employment Immigration: Can You Travel During an EB-1A Petition?

Introduction

Traveling internationally while pursuing an EB-1A petition can be possible, but the answer depends on the stage of the immigration process and the applicant’s current U.S. immigration status. An important distinction is whether only the EB-1A immigrant petition is pending or whether the applicant has also filed an adjustment of status application. Understanding this difference can help avoid unexpected immigration complications.

Traveling While an EB-1A Petition Is Pending

An EB-1A petition is generally filed using Form I-140. Having a pending I-140 does not, by itself, provide a new immigration status or a travel document. Therefore, whether someone can leave and return to the United States depends largely on their existing immigration status and the documents they have for reentry.

For example, a person maintaining a valid nonimmigrant status may have different travel considerations from someone who is relying on a pending adjustment of status application. Before traveling, applicants should confirm that they have the appropriate documents to seek admission to the United States and that their travel will not interfere with another pending immigration matter.

Travel can become particularly important when an applicant has filed Form I-485 to adjust status to permanent resident. USCIS generally considers an adjustment application abandoned when an applicant travels outside the United States without obtaining advance parole beforehand, subject to limited exceptions for certain nonimmigrant classifications.

What If Form I-485 Is Also Pending?

If an EB-1A applicant is pursuing adjustment of status in the United States, advance parole may allow the applicant to travel temporarily while the I-485 remains pending. Advance parole is requested through Form I-131, and the applicant generally should obtain the travel document before departing the United States.

Advance parole does not guarantee admission to the United States. A person returning from abroad remains subject to inspection and other applicable immigration requirements. In addition, certain issues, including prior immigration violations or periods of unlawful presence, can create additional concerns that should be evaluated before international travel.

Conclusion

Travel during an EB-1A immigration process may be possible, but the appropriate approach depends on whether the I-140, I-485, or both are pending and on the applicant’s current immigration status. Because international travel can affect an adjustment of status application and the ability to return to the United States, prospective travelers should consult an experienced immigration attorney before making travel plans.

This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Immigration laws, policies, and procedures can change, and the consequences of travel depend on an individual’s particular circumstances. Readers should seek advice from a qualified immigration attorney regarding their specific situation before traveling internationally.