Member Article

Most applicants for adjustment of status (“green card”) must obtain travel permission from the USCIS before departing the U.S. Failure to obtain an “advance parole” can cause the USCIS to automatically deem the application abandoned and to deny the case. An exception to this rule applies to H-1 and L nonimmigrants and their dependents. Until now, individuals returning to the U.S. to resume employment for the petitioner and holding a valid visa, only needed to present a receipt notice (Form I-797) for their adjustment of status application when requesting readmission to the U.S. However, the recent unprecedented USCIS receipting delays have rendered this exception less useful. Significant hardship arises for those who must cancel a planned trip or risk denial of an otherwise approvable application. Such a dilemma is especially vexing when the USCIS already possesses evidence of the filing in its computer database. Accordingly, the USCIS no longer requires H and L visa holders to present a receipt in order to reenter the U.S. and to keep their adjustment application intact.