Applying for a green card from inside the United States can involve several months of waiting. During this period, applicants may also need authorization to work and, in some circumstances, permission to travel internationally. Two important immigration documents are the Employment Authorization Document (EAD) and Advance Parole.
Understanding the difference between these documents is essential before making international travel plans. An EAD generally provides employment authorization, while Advance Parole may allow certain applicants with a pending adjustment of status application to seek permission to return to the United States after temporary foreign travel.
What Is an EAD?
An Employment Authorization Document, commonly called an EAD or work permit, is issued by U.S. Citizenship and Immigration Services (USCIS) to eligible applicants. It serves as evidence that the holder is authorized to work in the United States for the period covered by the authorization.
Applicants with a pending adjustment of status application may be eligible to apply for an EAD by filing Form I-765, Application for Employment Authorization, when permitted under the applicable immigration category.
An EAD, however, is primarily a work authorization document. Having an EAD does not automatically mean that an individual has permission to travel internationally and return to the United States while an adjustment of status application is pending.
What Is Advance Parole?
Advance Parole is a travel authorization that may be available to certain individuals with pending immigration applications, including some applicants for adjustment of status.
Eligible applicants generally request Advance Parole through Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records.
If approved, Advance Parole can allow an eligible applicant to travel abroad temporarily and seek parole into the United States upon return. It is important to understand that Advance Parole does not guarantee admission to the United States. U.S. immigration authorities make the final decision at the port of entry.
EAD vs. Advance Parole: What Is the Difference?
The primary difference is their purpose.
An EAD relates to employment authorization. It can allow an eligible individual to legally work in the United States during the authorized period.
Advance Parole relates to international travel and seeking parole into the United States after temporary travel abroad.
Some adjustment-of-status applicants may receive an EAD and Advance Parole document together, depending on their circumstances and USCIS processing. However, applicants should carefully review the document they receive and understand exactly what authorization it provides.
Can You Travel While Your Green Card Application Is Pending?
Whether you can safely travel internationally depends on your immigration status, the type of application you have filed, and whether you have appropriate travel authorization.
For many adjustment-of-status applicants, leaving the United States without appropriate authorization can create significant immigration consequences. In certain circumstances, departing the United States while Form I-485 is pending may be considered abandonment of the adjustment application unless an applicable exception applies.
For this reason, applicants should not assume that simply having a pending green card application or an EAD gives them permission to travel internationally.
Before leaving the United States, it is important to determine whether Advance Parole is required and whether it has been properly approved.
What Happens When You Return to the United States?
Advance Parole generally permits an eligible traveler to present the approved travel document to U.S. immigration authorities when returning to the United States.
However, Advance Parole does not provide an absolute guarantee of entry. A traveler may still be subject to inspection and other immigration requirements.
Applicants should also understand that travel can have different consequences depending on their immigration history. Issues such as prior unlawful presence, removal proceedings, immigration violations, criminal history, or other inadmissibility concerns can affect travel and reentry.
Important Risks of International Travel
International travel while a green card application is pending can involve several potential risks.
First, leaving the United States without the required travel authorization could affect a pending adjustment-of-status application.
Second, even with Advance Parole, certain circumstances may create complications when attempting to return to the United States.
Third, travelers should consider whether their underlying immigration status has additional travel restrictions.
Because immigration consequences can vary significantly from one applicant to another, individuals with complicated immigration histories should obtain individualized legal advice before traveling.
How EAD and Advance Parole Can Help
For eligible adjustment-of-status applicants, applying for both employment authorization and travel authorization can provide greater flexibility during the green card process.
The EAD can provide employment authorization while the application is pending, subject to the applicable rules and validity period.
Advance Parole can provide a mechanism for eligible applicants to travel internationally while their adjustment application remains pending.
These documents serve different purposes, so applicants should not treat an EAD as a substitute for Advance Parole.
What Should You Do Before Traveling?
Before making international travel arrangements, review your immigration documents and confirm the status of any pending applications. Check whether your Advance Parole has been approved and whether the document will remain valid for the planned trip.
You should also consider the destination country’s entry requirements, passport validity, visa requirements, and the timing of your planned return.
If there are concerns involving previous immigration violations, unlawful presence, removal proceedings, criminal matters, or other potential grounds of inadmissibility, consulting an experienced immigration attorney before traveling may be especially important.
Conclusion
Traveling while a green card application is pending requires careful planning. An EAD and Advance Parole serve different purposes: an EAD generally addresses employment authorization, while Advance Parole may provide eligible applicants with authorization to seek parole into the United States following temporary international travel.
Applicants should avoid assuming that a pending green card application or work permit automatically provides permission to travel. Understanding the applicable USCIS requirements before leaving the United States can help applicants make informed decisions and avoid potentially serious immigration complications.
Because immigration rules and individual circumstances can change, applicants should review current USCIS requirements and consider qualified legal advice when their case involves additional immigration concerns.
Immigration Fleet Law Firm