Leaving the U.S. After Filing I-485 Requires AP or Combo Card: Conditions and Exceptions

A reader holding an F1 visa, whose F2A Table B priority date has become current and who will soon file I-485 to apply for a green card, also wants to return to their home country and asks: "If I file I-485 on June 1, can I leave the U.S. in the middle of the month?"

What Are Advance Parole and Combo Cards?

Advance Parole is a travel document that allows applicants with a pending adjustment of status to enter the United States as a parolee; it is commonly called a reentry permit, travel document, or AP card. Like a visa, AP only gives the holder eligibility to arrive at U.S. customs; whether the person may ultimately enter is still decided by Customs and Border Protection (CBP) officers, and this applies to both nonimmigrant visas and AP.

The term “reentry permit” can also refer to a “Re-entry Permit,” which differs from Advance Parole as follows:

• Advance Parole is issued to foreign nationals who are awaiting adjustment of status and do not yet have permanent resident status. It is a paper document with a photo, or it is issued together with an employment authorization document, i.e., an AP + EAD combo card. A “combo card” means that the card serves two functions at once, Advance Parole and EAD. Its difference from a regular EAD card is that it bears the line “Serves as I-512 Advane Parole” — this card also serves as Advance Parole; see the sample image below.

EAD + AP Combo Card: Note the line “serves as I-512 advance parole”

• A Re-entry Permit is issued to permanent residents who already hold a green card (including a conditional green card) and need to leave the United States for more than one year. It is a travel document similar to a passport.

Re-entry Permit (Image: Wikipedia)

If you hold a green card and leave the United States for more than 1 year without a re-entry permit, your green card may be revoked; see {https://gonglue.us/46359}.

It Is Recommended to Apply for AP Together with Adjustment of Status

For most people, if they plan to travel internationally, it is advisable to file Form I-131 for Advance Parole (and apply for an EAD work card) at the same time as filing I-485 for adjustment of status. If you leave the United States while I-485 is pending and you do not have AP:

• If you have no other visa, you will be unable to enter.

• If you enter using another visa, your immigration application will be deemed automatically abandoned (except for the exceptions below).

USCIS explains this on its official website: "Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application."

[add-series id=511][note]Recent Immigration and Visa Policy Changes[/note]

Exceptions

There are mainly three exceptions; see the CBP website explanation and the introductory article by Grinberg & Segal, PLLC:

• H-1B and dependent visas.

• L-1A/B and dependent visas.

• K-3/K-4 visas.

H-1B and L-1A/B are dual intent visas; although they are nonimmigrant categories, they permit immigrant intent, so even after filing I-485, you may still use such a visa to enter and leave the United States and to renew it. K-3/K-4 are for the foreign spouse and minor, unmarried children of a U.S. citizen; they are immediate relatives under U.S. immigration law and have special priority, including no visa quota limit, no need for a priority date, and the ability to adjust status even while out of status.

Points to Note When Entering with AP

As stated above, when you enter using Advance Parole, your status will be that of a parolee. Note: you can only have one status at a time. If you could otherwise have another lawful status but choose to enter as an AP parolee, that is equivalent to giving up your other status.

What does this mean? Suppose you are an L-1A holder; after obtaining an AP card, you leave the United States and then reenter using AP (rather than using your L-1A visa). That amounts to choosing parolee status for yourself, so your L-1A status will become invalid, and your spouse's L-2 will also become invalid. For this reason, if your old status is still usable, an attorney may advise you not to use AP but to reenter using your old status.

For this issue, see {https://gonglue.us/134032}.

[add-post-b id=134032]

What If I-485 Is Approved While You Are Abroad?

A reader asks: "If I file I-485 and then return to my home country using AP, and while I am there the I-485 is approved in the United States, can I still come back using AP? I previously heard someone say that if the green card is approved while you are abroad, the AP automatically becomes invalid, so there is a risk you cannot enter, but I cannot find an article online discussing this."

Short answer: Yes.

The Maryland immigration law firm Murthy Law Firm has written an article titled "I-485 Approval During International Travel." I briefly excerpt and translate it as follows:

• If you hold an H-1B or L-1A/B visa, do not have AP, and your I-485 is approved while you are abroad and you already know about it, you should proactively disclose this to the CBP officer upon entry. The reason is that after I-485 approval, you are now a lawful permanent resident, and it is improper to enter again in nonimmigrant status.

• If you hold AP and know that your I-485 has been approved, you should likewise proactively disclose this to the CBP officer upon entry.

In this situation, you are already a permanent resident but simply do not have evidence of permanent resident status (the green card) in hand. The CBP officer:

• May waive the document requirement and allow you to enter as a permanent resident without a green card.

• May give you a temporary parole status (regardless of whether you hold AP), allowing you to enter first and supplement the evidence later — after you receive your green card, you need to return to the port of entry, present the green card, and complete the formalities for entry as a permanent resident.