Can You Travel During Priority Dates?

Introduction

For many employment-based immigrants, the wait for a priority date to become current can be lengthy. During this period, travel may still be possible, but the immigration consequences depend on whether the individual is pursuing adjustment of status in the United States or consular processing abroad. A priority date determines an applicant’s place in line for an immigrant visa, and availability is tracked through the Department of State’s monthly Visa Bulletin.

Traveling While Waiting for a Priority Date

Having a pending or approved employment-based petition does not, by itself, create permission to travel internationally. If an individual remains in the United States while waiting for visa availability, they must maintain an appropriate nonimmigrant status or otherwise have a valid basis for remaining in the country.

For people who have already filed Form I-485, Application to Register Permanent Residence or Adjust Status, international travel requires particular care. USCIS generally considers a pending adjustment application abandoned if the applicant leaves the United States without advance parole, subject to limited exceptions. An advance parole document must generally be obtained before departure and be valid when the applicant returns.

Travel can also involve risks even when an advance parole document is available. Admission or parole into the United States is not guaranteed simply because a person possesses a travel document. Other immigration issues, including prior status violations or certain inadmissibility concerns, may affect the ability to return.

What If Your Case Is Still in Consular Processing?

Applicants who have not filed an I-485 and are waiting for their priority date to become current may generally travel internationally, but they must consider their current immigration status and ability to return to the United States. For employment-based preference cases processed through the National Visa Center, an immigrant visa generally cannot be issued until a visa number is available under the applicable Visa Bulletin category.

Because employment-based priority dates can move forward or backward, travelers should monitor the Visa Bulletin and their individual case status. The Department of State notes that retrogression can occur when demand exceeds available visa numbers.

Conclusion

Travel during the priority-date waiting period may be possible, but the appropriate approach depends on the applicant’s immigration status, whether an I-485 has been filed, the availability of advance parole, and whether the case is being processed through adjustment of status or consular processing. Because international travel can have significant immigration consequences, individuals should consult a qualified immigration attorney before making travel plans. This article provides general information only and is not legal advice.