September 17, 2025 - Read in Reddit /// With the October Visa Bulletin moving forward, many will file I-485s. Don’t let travel sink your case; be extremely careful with this. I came across a LinkedIn post from immigration lawyer Robert Webber (I am not affiliated to him in any way) that I thought is interesting. This post is partially based on his information with some personal touches and the addition of an official link.
Definition: Adjustment of status (AOS) refers to the transition from a nonimmigrant visa to a perment residency status (green card). AOS is the exception to the usual “get an immigrant visa at a consulate” process, so the travel rules are stricter.
Core rule
- To file I-485, you must be physically in the U.S.
- After filing, most applicants must remain in the U.S. until Advance Parole (AP) is approved. Departing without AP is typically treated as abandonment of the I-485.
Who can travel without AP (narrow exception)
- H-1B/H-4 and L-1/L-2 holders (true dual-intent categories) may travel after filing without AP, but:
- You must be physically in the U.S. on the exact date USCIS receives your I-485.
- Maintain valid H/L status and documentation for reentry.
- Consult with an immigration attorney in case of doubt: do not jeopardize your whole process!
Who cannot travel without AP
- Any other non-dual intent nonimmigrant visa holders such as F-1, O-1, TN, J-1, and most others: Do not depart until AP is approved, or your I-485 may be deemed abandoned
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How long does it take to get Advanced Parole
- For official median processing times, visit this USCIS website
- AP waits of ~6 months are common so plan accordingly (right now the above website is indicating 6.1 months for FY2025, the latest available data).
Practical tips
- If you think you will need it, file I-131 (Advance Parole) with your I-485 package. Remember it does add cost to your adjustment of status package ($630 more) and the fees are "per person" in the family unit, so costs quickly add up.
- Avoid non-essential travel until AP is in hand (unless you’re clearly in H/L and meet the conditions above; in case of doubt consult with a lawyer).
- In case of doubt consult with a qualified immigration lawyer!
My own opinion
- In the current immigration climate with this current administration, I would personally not travel during AOS unless strictly necessary due to emergencies and if I clearly fell into one of the conditions stated above (AP on hand and/or valid dual intent visa).