Can I obtain and use travel permission while my case is pending?

I entered as a tourist but overstayed more than 1 year before marrying my U.S. citizen spouse. My U.S. citizen spouse has petitioned for me and I have filed to adjustment my status. Can I obtain and use travel permission while my case is pending?

Generally, a foreign national can apply for an interim benefit mentioned known as Advance Parole while their adjustment case is pending. Some foreign national adjustment applicants who are married to U.S. citizens are out of status and have been so for more than 6 months, or even a year or longer. Such persons would otherwise be barred from returning to the U.S. due to a 3 year or 10 year bar, but recent case law holds that traveling and applying for admission to the U.S. with an Advance Parole document is not making an application for admission.

Other Family Immigration Frequently Asked Questions

The information appearing in these FAQ responses is not legal advice and is provided for general information purposes only. You should seek professional advice from an experienced immigration attorney regarding your specific inquiry and case before changing position.