At TRAVELS.EDU.VN, we understand the complexities of navigating immigration processes, especially when it comes to travel plans. Can you travel while your Form I-765, Application for Employment Authorization, is pending? Generally, traveling outside the U.S. while your I-765 is pending can have serious consequences, including the abandonment of your application. Let’s explore the details and alternative options available to ensure a smooth and informed decision regarding your travel plans, including advance parole and other related travel authorizations.
1. Understanding Form I-765 and Its Implications
Form I-765, Application for Employment Authorization, is used to request employment authorization and an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS). While your application is pending, understanding its implications for travel is crucial.
1.1. What is Form I-765?
Form I-765 allows eligible foreign nationals to work legally in the United States. It is often filed in conjunction with other immigration applications, such as an Adjustment of Status application (Form I-485).
1.2. Why is Form I-765 Important?
An approved I-765 provides you with an EAD, allowing you to work legally in the U.S. It also serves as a form of identification and can be essential for obtaining a driver’s license or other state-issued identification.
1.3. Filing Requirements and Eligibility
To be eligible for an EAD through Form I-765, you must fall into one of the eligible categories defined by USCIS. Common categories include:
- Individuals with pending Adjustment of Status applications.
- Students on F-1 visas seeking Optional Practical Training (OPT) or Curricular Practical Training (CPT).
- Asylees and refugees.
- Individuals granted Temporary Protected Status (TPS).
2. General Rules for Traveling While I-765 Is Pending
The general rule is that traveling outside the U.S. while your I-765 is pending can be problematic. Here’s why:
2.1. Risk of Abandonment
If you leave the U.S. while your I-485 (Adjustment of Status) is pending and you do not have Advance Parole, USCIS may consider your I-485 abandoned. Since the I-765 is often linked to the I-485, abandoning the I-485 can also lead to the denial of your I-765.
2.2. Impact on Visa Status
Leaving the U.S. without proper authorization could also affect your current visa status. For example, if you are in the U.S. on an H-1B visa and you leave without Advance Parole, you may need to reapply for the visa to re-enter, which is not guaranteed.
2.3. Exceptions to the Rule
There are exceptions, such as having Advance Parole, which we will discuss in detail in the next section. Additionally, certain visa holders like H-1B and L-1 may have different rules, but it’s best to consult with an immigration attorney.
3. What is Advance Parole?
Advance Parole is a travel document that allows certain foreign nationals to leave and re-enter the U.S. while their application for Adjustment of Status is pending without abandoning their application.
3.1. How Advance Parole Works
Advance Parole allows you to travel internationally for legitimate reasons such as business trips, family emergencies, or vacations, and return to the U.S. without jeopardizing your green card application.
3.2. Who Needs Advance Parole?
You typically need Advance Parole if you have a pending I-485 application and want to travel outside the U.S. This ensures that your application remains active while you are abroad.
3.3. How to Apply for Advance Parole
To apply for Advance Parole, you must file Form I-131, Application for Travel Document, with USCIS. Here’s a step-by-step guide:
- Download Form I-131: Obtain the latest version of Form I-131 from the USCIS website.
- Fill Out the Form: Complete all sections of the form accurately. Provide detailed information about your reasons for travel and the dates you plan to be outside the U.S.
- Include Supporting Documents: Gather all required supporting documents, such as a copy of your I-485 receipt notice, passport, and any documents that support your reason for travel (e.g., a letter from your employer, medical records, or an invitation to a conference).
- Pay the Fee: Include the correct filing fee. Check the USCIS website for the most current fee amount.
- Submit the Application: Mail your completed Form I-131 and supporting documents to the appropriate USCIS Lockbox address, as specified on the USCIS website.
3.4. Important Considerations
- Timeliness: Apply for Advance Parole well in advance of your planned travel. Processing times can vary, so it’s best to apply several months before your departure date.
- Validity Period: Ensure that the Advance Parole document is valid for the entire duration of your trip.
- Emergency Travel: If you have an urgent need to travel, you may request expedited processing of your I-131. You will need to provide evidence of the emergency.
4. Traveling on H-1B or L-1 Visas
If you are in the U.S. on an H-1B or L-1 visa, the rules for traveling while your I-765 is pending are slightly different.
4.1. Maintaining H-1B/L-1 Status
H-1B and L-1 visa holders can generally travel internationally and return to the U.S. as long as they maintain their visa status and have a valid visa stamp in their passport.
4.2. Using Advance Parole with H-1B/L-1
Using Advance Parole to re-enter the U.S. can sometimes be problematic for H-1B and L-1 holders because it indicates an intent to immigrate, which is contrary to the non-immigrant intent required for these visas. However, USCIS has issued guidance to clarify this issue.
4.3. USCIS Guidance
USCIS has stated that if an H-1B or L-1 visa holder uses Advance Parole to re-enter the U.S., it does not automatically invalidate their H-1B or L-1 status. However, when they apply for an extension of their H-1B or L-1 status, USCIS will review the application to determine whether the applicant still intends to comply with the terms and conditions of their non-immigrant status.
4.4. Best Practices for H-1B/L-1 Holders
- Consult an Attorney: It’s always best to consult with an immigration attorney before using Advance Parole, especially if you are on an H-1B or L-1 visa.
- Maintain Documentation: Keep records of your employment, travel, and any other relevant information that demonstrates your intent to comply with your non-immigrant status.
- Re-Entry with Visa: If possible, try to re-enter the U.S. using your H-1B or L-1 visa instead of Advance Parole to avoid potential issues.
5. Risks of Traveling Without Advance Parole
Traveling outside the U.S. without Advance Parole while your I-765 is pending carries significant risks.
5.1. Abandonment of Application
As previously mentioned, leaving the U.S. without Advance Parole can result in the abandonment of your I-485 application, which can also lead to the denial of your I-765.
5.2. Difficulty Re-Entering the U.S.
Without proper authorization, you may be denied re-entry into the U.S., even if you have a valid visa. CBP officers at the port of entry have the final say on who is admitted into the country.
5.3. Impact on Future Immigration Benefits
Traveling without authorization can negatively impact your future immigration benefits, making it more difficult to obtain a green card or other immigration status in the future.
6. Re-Parole for Certain Individuals
USCIS has specific processes for re-parole for certain individuals, such as Ukrainian citizens and their immediate family members.
6.1. Who is Eligible for Re-Parole?
Eligible Ukrainian citizens and their immediate family members who were paroled into the United States may apply for re-parole to continue to temporarily remain in the U.S.
6.2. When to Apply for Re-Parole
USCIS encourages eligible individuals to submit their re-parole requests no earlier than 180 days (6 months) before the expiration of their current period of parole. You can find your parole expiration date on your Form I-94, Arrival/Departure Record.
6.3. Filing Timeliness
Filing during the 180-day window reduces the risk that your current period of parole and employment authorization will expire before you receive a decision on your re-parole request. Filing earlier than 180 days before your current parole expiration date will not result in a faster decision.
6.4. How to Apply for Re-Parole
To apply for re-parole, you typically use Form I-131, Application for Travel Document, and follow the instructions provided by USCIS. The process may vary based on your specific circumstances and the program under which you were initially paroled.
7. Other Travel Documents
Besides Advance Parole, there are other types of travel documents you might need depending on your immigration status.
7.1. Re-Entry Permit
If you are a lawful permanent resident (green card holder) and plan to travel outside the U.S. for more than one year, you should apply for a re-entry permit before you leave. This document allows you to return to the U.S. without losing your green card status.
7.2. Refugee Travel Document
If you are a refugee or asylee, you should apply for a refugee travel document instead of a passport from your country of origin. This document allows you to travel internationally and return to the U.S.
7.3. TPS Travel Authorization
If you have been granted Temporary Protected Status (TPS), you may apply for a TPS travel authorization document (Form I-512T) to travel outside the U.S. Remember that if you were previously granted parole, this admission will render you ineligible for a new period of parole (re-parole).
8. Special Considerations for Certain Groups
Certain groups have specific considerations when it comes to traveling while their I-765 is pending.
8.1. Asylum Applicants
Asylum applicants generally need Advance Parole to travel outside the U.S. while their asylum application is pending. Leaving without Advance Parole could be considered an abandonment of their application.
8.2. DACA Recipients
Individuals with Deferred Action for Childhood Arrivals (DACA) also need Advance Parole to travel outside the U.S. Leaving without it can jeopardize their DACA status.
8.3. Students on F-1 Visas
Students on F-1 visas who have a pending I-765 for OPT or CPT should consult with their Designated School Official (DSO) before traveling. Generally, they can travel if they have a valid visa, I-20, and EAD card (if already approved).
9. How TRAVELS.EDU.VN Can Help
Navigating the complexities of immigration and travel can be daunting. At TRAVELS.EDU.VN, we are committed to providing you with the information and resources you need to make informed decisions about your travel plans.
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Our team of travel experts can provide personalized advice on travel options and help you understand the potential impact of your immigration status on your ability to travel.
9.2. Customized Travel Packages
We offer customized travel packages that cater to your specific needs and circumstances. Whether you need to travel for business, family reasons, or leisure, we can create a travel plan that works for you.
9.3. Support and Assistance
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9.4. Ensuring a Seamless Travel Experience
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10. Real-Life Scenarios and Examples
Let’s consider a few real-life scenarios to illustrate the importance of understanding the rules for traveling while your I-765 is pending.
10.1. Scenario 1: Adjustment of Status Applicant
John, an applicant for Adjustment of Status, needed to travel to his home country for a family emergency. He had filed Form I-485 and Form I-765. Before leaving, he applied for and received Advance Parole. Upon his return, he was able to re-enter the U.S. without any issues, and his Adjustment of Status application remained active.
10.2. Scenario 2: H-1B Visa Holder
Maria, an H-1B visa holder, also had a pending I-485 and I-765. She consulted with an immigration attorney who advised her to re-enter the U.S. using her H-1B visa instead of Advance Parole. She followed this advice and successfully re-entered the U.S. without affecting her H-1B status.
10.3. Scenario 3: Asylum Seeker
David, an asylum seeker, needed to travel for urgent medical treatment. He applied for and received Advance Parole before leaving the U.S. This ensured that his asylum application would not be considered abandoned.
11. Key Takeaways
To summarize, here are the key takeaways regarding traveling while your Form I-765 is pending:
- General Rule: Traveling outside the U.S. while your I-765 is pending can lead to the abandonment of your application.
- Advance Parole: Obtain Advance Parole (Form I-131) before leaving the U.S. if you have a pending I-485.
- H-1B/L-1 Holders: Consult with an attorney and try to re-enter using your visa instead of Advance Parole.
- Re-Parole: Eligible Ukrainians can apply for re-parole no earlier than 180 days before their current parole expires.
- Other Travel Documents: Depending on your status, you may need a re-entry permit, refugee travel document, or TPS travel authorization.
- Consult an Expert: Always consult with an immigration attorney or travel expert before making any travel plans.
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FAQ: Traveling While Form I-765 Is Pending
1. Can I travel outside the U.S. while my Form I-765 is pending?
Generally, traveling outside the U.S. while your Form I-765 is pending can lead to the abandonment of your application, especially if it’s linked to a pending Form I-485 (Adjustment of Status). However, if you have Advance Parole, you may be able to travel without jeopardizing your application.
2. What is Advance Parole, and how does it help me travel?
Advance Parole is a travel document issued by USCIS that allows certain foreign nationals to leave and re-enter the U.S. while their application for Adjustment of Status is pending without abandoning their application. To obtain Advance Parole, you must file Form I-131, Application for Travel Document.
3. How do I apply for Advance Parole?
To apply for Advance Parole, you must file Form I-131 with USCIS. You’ll need to complete the form, provide supporting documents (such as a copy of your I-485 receipt notice and passport), pay the filing fee, and mail the application to the appropriate USCIS Lockbox address.
4. I am on an H-1B visa. Can I use Advance Parole to travel?
If you are on an H-1B visa, using Advance Parole to re-enter the U.S. can sometimes be problematic because it indicates an intent to immigrate, which is contrary to the non-immigrant intent required for these visas. It’s best to consult with an immigration attorney before using Advance Parole, and if possible, try to re-enter the U.S. using your H-1B visa instead.
5. What happens if I travel without Advance Parole while my I-765 is pending?
Traveling outside the U.S. without Advance Parole while your I-765 is pending can result in the abandonment of your I-485 application, which can also lead to the denial of your I-765. You may also be denied re-entry into the U.S.
6. I am a Ukrainian citizen with parole status. Can I apply for re-parole?
Yes, eligible Ukrainian citizens and their immediate family members who were paroled into the United States may apply for re-parole to continue to temporarily remain in the U.S. USCIS encourages you to submit your re-parole requests no earlier than 180 days before the expiration of your current period of parole.
7. Where can I find my parole expiration date?
You can find your parole expiration date on your Form I-94, Arrival/Departure Record, issued by U.S. Customs and Border Protection when you were paroled into the United States.
8. What other travel documents might I need?
Depending on your immigration status, you may need a re-entry permit (if you are a lawful permanent resident), a refugee travel document (if you are a refugee or asylee), or a TPS travel authorization (if you have been granted Temporary Protected Status).
9. Can TRAVELS.EDU.VN help me with my travel plans?
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10. How can I contact TRAVELS.EDU.VN for travel assistance?
You can contact TRAVELS.EDU.VN at the following:
- Address: 123 Main St, Napa, CA 94559, United States
- WhatsApp: +1 (707) 257-5400
- Website: travels.edu.vn
