Adjustment of Status and Travel Restrictions for New Jersey Residents

Adjustment of status is the process someone uses to become a lawful permanent resident, also known as getting a green card, while staying in the United States. For many people in New Jersey, this is an important step toward living and working here legally and safely. But during this time, travel can be tricky. If you are in the middle of your adjustment of status case and you leave the United States, you might lose your chance to come back. This can cause big problems with your case. That’s why it’s important to understand the rules and how they work.

What Is Adjustment of Status and Why It Matters

Adjustment of status is how people who are already in the United States apply to get a green card without having to leave the country. This is different from consular processing, which means applying for a green card from outside the U.S. Most people choose adjustment of status because it lets them stay near their family, job, or school while their application is being looked at. It’s a way to stay safe and settled during a time that can be very stressful.

People in New Jersey who apply for adjustment of status are usually doing so because they are married to a U.S. citizen, are part of a family petition, or have been offered a job that lets them apply. Some are also in special programs like asylum or Temporary Protected Status. This process is a big step, and it can take many months or even more than a year to finish. While the case is open, applicants need to be very careful with what they do, especially when it comes to traveling.

Why Travel Is a Big Risk During Adjustment of Status

If you leave the United States while your adjustment of status case is still waiting, you could be in danger of having your case canceled. This is called abandonment. Even if you had a visa before, leaving without permission during this time can make it look like you’re not following the rules. The United States Citizenship and Immigration Services, also known as USCIS, is very strict about this.

When you file for adjustment of status, you must also ask for travel permission if you think you might need to leave. This permission is called Advance Parole. It’s a special paper that lets you come back into the United States while your case is still waiting. Without it, if you leave, you might not be allowed back in, and that means your green card case could be thrown out. For people living in New Jersey who may need to visit sick family members abroad or have an emergency, this can feel very scary.

How to Get Advance Parole and What It Means

To ask for Advance Parole, you fill out a form called I-131 and send it to USCIS. You must do this before you leave the country. USCIS will then review your form and decide whether to give you travel permission. If they approve it, you will get a document that looks like a travel card. This means you are allowed to come back into the U.S. without hurting your green card case.

But even with Advance Parole, travel can still carry some risks. The officers at the airport or border still have the power to stop you from coming in if they think you are not allowed to enter. If you have any kind of immigration problem in your past, even a small one, like overstaying a visa, you should think very hard before you travel. In some cases, just leaving the country can trigger a ban that stops you from coming back for three years or even ten years.

Common Problems for New Jersey Residents Applying for Adjustment of Status

New Jersey has a large immigrant population, and many people here are going through the adjustment of status process. Because of this, local immigration offices can get busy, and cases might take a long time. This can be hard for families who are waiting to be reunited or for workers who need to stay in the U.S. to keep their jobs.

Sometimes, people in New Jersey travel for weddings, funerals, or family emergencies without understanding that they need Advance Parole. They may think that having a visa or an approved petition means they can travel freely. Sadly, this mistake can lead to being stopped at the airport or even turned away at the border. That’s why it’s so important to plan ahead and ask the right questions before making travel plans.

Another problem happens when people confuse travel permission with work permission. USCIS sometimes gives out a combined card that lets people work and travel while they wait for their green card. But this card takes time to be approved. If someone travels before getting that card, they could be denied re-entry, even if they have a job offer or are already working legally.

Emergency Travel Situations and What You Can Do

Sometimes emergencies happen. A loved one in another country may become very sick or even pass away. In these cases, you can ask USCIS for emergency Advance Parole. To do this, you will need to go to a local USCIS office and explain the situation. You should bring proof, like a doctor’s letter or a death certificate. If USCIS agrees that it’s a real emergency, they may give you a travel paper that same day.

But even emergency travel papers are not a promise that you can return. You should still talk to an immigration lawyer before you travel. A lawyer can look at your case and tell you what the risks are. They can also help you explain your situation if you are stopped at the airport when you return.

Travel Rules for DACA, TPS, and Asylum Applicants

If you have DACA (Deferred Action for Childhood Arrivals), TPS (Temporary Protected Status), or are applying for asylum, the rules about travel are a little different. People with DACA and TPS must still get Advance Parole before leaving the U.S. If they travel without it, they can lose their protection.

Asylum seekers are also told not to travel, especially not to the country they came from. USCIS sees this as a sign that maybe the person is not really afraid to go home. That can hurt the asylum case badly. If you are in one of these categories and thinking about travel, it’s very important to get the facts and talk to someone who can help guide you.

What to Expect at the Border or Airport When You Return

Coming back into the United States after travel can be stressful, especially if your case is still pending. The officer at the airport will look at your passport, visa, and your Advance Parole card. They may ask you questions about where you went, how long you stayed, and why you left. You must answer truthfully and clearly.

If you have your documents ready and your trip was short and for a good reason, you will usually be allowed back in. But if the officer sees something wrong in your file, they may ask you to go into a room for more questions. This is called secondary inspection. Sometimes people are allowed in after a short delay, but in rare cases, they may be turned away. Having the right papers and being honest is the best way to avoid problems.

How the Travel Rules Affect Your Green Card Interview

Once you return from travel with Advance Parole, you still have to go through the rest of the green card process. This includes the interview. At the interview, the officer will look at everything you did, including your travel. If you left the country without permission or stayed too long, they might say your case is not valid anymore. Even if you got Advance Parole, they may still ask why you traveled and if you broke any other rules.

Being ready for the interview is key. You should bring all your travel papers, proof of where you went, and why you went. If you were visiting a sick family member, bring doctor’s notes or other proof. If you left for work, bring letters from your boss or clients. The officer will want to make sure that your travel did not mean you were trying to live in another country or leave the green card process.

Final Thoughts for New Jersey Residents Going Through This Process

Living in New Jersey while going through adjustment of status can be stressful, especially when family needs you or emergencies happen outside the country. Travel is not simple during this time. You must follow the rules closely and understand what is safe and what is risky. Filing for Advance Parole, waiting for it to be approved, and making sure you return safely are all part of protecting your future.

At The Scheer Immigration Law Group, we help people all across New Jersey understand the steps and avoid mistakes that can hurt their immigration cases. If you are thinking about traveling while your green card case is pending, or if you already traveled and need help, reach out to us. We are here to help you stay safe and move forward with your life.