In an unannounced dramatic change in policy, USCIS has changed how it is handling advance parole applications for adjustment applicants in H or L status.

Previously those applicants with H or L status could freely travel after their adjustment of status application was filed and their application for advance parole was pending with USCIS. Such individuals would return to the U.S. in H or L status and then their advance parole travel document would be approved so that on their next trip they could use advance parole to travel internationally.

USCIS has changed its policy. Adjustment of status applicants may continue to travel if they have H or L status.  However, any adjustment of status applicant who travels while the advance parole application is pending at USCIS will have the advance parole application denied.  Therefore, if an adjustment of status applicant wishes to travel on advance parole, he or she must apply for advance parole and wait until it is approved before leaving the United States.  As always, it is required that the person traveling on advance parole return to the United States during the validity period of the advance parole.

Stated another way, adjustment of status applicants in H or L status have the following options regarding travel:

• Travel in H or L status while the adjustment of status application is pending; or
• Apply for advance parole understanding that you cannot travel until your advance parole is approved. Were you to travel on your H or L visa while your advance parole application remains pending, the advance parole would be denied.