What are the risks of leaving the U.S. in the middle of a status adjustment?

Leaving the United States in the middle of an adjustment of status tied to EB-2 NIW is a sensitive move that requires caution. While the petition is pending, an unplanned trip can directly affect the process.

The main risk has a name: traveling without the proper authorization, typically Advance Parole (advance authorization to reenter), can be interpreted by authorities as abandonment of the adjustment of status application. In that scenario, the case may be considered closed, which complicates both the return and the completion of the process.

It is worth keeping in mind that:

• Each situation is unique, and other factors may increase or reduce the risk.
• Pending steps or more sensitive phases of the process make travel even riskier.
• Planning the trip in advance, and with the proper authorization, is what provides security.

If you need to travel while your adjustment of status is pending, it is advisable to review the updated guidance from USCIS and assess your specific case with a specialist before leaving the country.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.