Advance Parole While Your I-485 Is Pending (2026 Update)
Updated November 4, 2026. Sources: USCIS.gov.
Not legal advice. GreenCardBlog.com is an independent information site, not a law firm and not affiliated with USCIS or any government agency. Immigration rules, fees and timelines change. Always confirm details on USCIS.gov and consider speaking with a licensed immigration attorney about your situation.
Can you travel while your I-485 is pending?
Generally only with advance parole. USCIS's Form I-131 page covers how to apply. Leaving without it can lead USCIS to treat your I-485 as abandoned in many cases, though some visa holders (for example H-1B or L-1) have different rules. Check the I-131 instructions for your situation.
What changed in August 2026
USCIS posted this alert: on Aug. 13, 2026, the Board of Immigration Appeals decided Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), overruling Matter of Arrabally and Yerrabelly (2012). As of that date, "departing the United States after obtaining an Advance Parole Document is a departure for purposes of inadmissibility under section 212(a)(9)(B)(i)" of the INA. People who have accrued more than 180 days of unlawful presence and then leave may face a 3- or 10-year bar on return (USCIS I-131 alerts).
This is a big change for anyone who was ever out of status. It is a reason to get advice from an attorney about your own history before booking a trip, not a general rule about your case.
How to apply for advance parole
- File Form I-131 (edition 01/20/25), either with your I-485 or while it is pending. USCIS changed the I-131 mailing addresses on Oct. 7, 2026; check the direct filing addresses on the I-131 page.
- Pay the fee for an I-131 filed with a pending I-485 ($630 on the current fee schedule; see our fee calculator).
- Attend biometrics if scheduled (what to bring).
- Wait for the card before you leave. Many applicants receive a combined EAD/AP card.
Related: re-entry permit (for green card holders) · glossary: advance parole · processing time checker
Sources
Frequently asked questions
Do I need advance parole to travel with a pending I-485?
In most cases yes; leaving without it can abandon your I-485. Some H-1B and L-1 holders have different rules. Check the Form I-131 instructions.
Is advance parole safe to use after August 2026?
USCIS says departing on advance parole now counts as a departure for the unlawful presence bars, so people with more than 180 days of unlawful presence may be inadmissible on return. Get legal advice before travel.
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