Can I travel outside the United States while my application for adjustment of status is pending?

Or more accurately stated, “will my adjustment of status application be deemed abandoned for traveling outside of the United States while it is pending?”

For many adjustment applicants, traveling outside the United States may result in their adjustment application being deemed abandoned, UNLESS the applicant has been granted advance parole and is not otherwise inadmissible or in removal, exclusion, or deportation proceedings.

However, there are specific visa categories that are exempt from this requirement, which do not require traveling with advance parole. H-1, L-1, H-4, L-2, K3 or K4. Thus, these visa holders including some spouses and children can travel abroad while their adjustment application is pending PROVIDED, they continue to hold a valid H-1, L-1, H-4, L-2, K-3 or K-4 visa, remain eligible for their visa status, and are not in removal, exclusion or deportation proceedings.

To be certain about whether you might be putting your immigration process at risk by traveling abroad, you should speak with an immigration attorney to review the specific circumstances of your case. In the meantime, you may want to read through the U.S. code of federal regulations for more information about traveling abroad for H-1, L-1, H-4, L-2, K-3 and K-4 visa holders at 8 CFR §245.2(a)(4)(ii)(C).