Departing USCIS: How It Affects Pending I-485 and I-140 Petitions

USCIS has no formal rule that requires immigrants to report when they leave the United States, but travel can still decide the fate of green card and employment-based filings. The most important point: if you have a pending I-485 (adjustment of status) and you depart without advance parole, USCIS will treat your I-485 as abandoned and will deny it. That single misstep has ended countless cases that were otherwise on track.

By contrast, an employer’s I-140 (immigrant petition) often keeps moving even if the worker travels or relocates, but it doesn’t secure lawful presence or preserve an abandoned adjustment.

Policy context: no departure notice required, but travel rules still decide cases

There is no general “departure notice” to file with USCIS. People leave and re-enter the country every day without telling the agency. But USCIS treats adjustment of status differently because the benefit depends on the person remaining eligible inside the country while the case is pending.

For that reason, the agency requires a travel document, commonly called advance parole and requested through Form I-131, before any trip abroad while an I-485 is pending. Without that document in hand, any departure is viewed as leaving the adjustment behind.

• USCIS advises applicants to request advance parole before travel and notes that expedited handling may be requested for urgent needs (serious family emergency, pressing work need).
• Apply via Form I-131, Application for Travel Document.
• The adjustment application is filed on Form I-485, Application to Register Permanent Residence or Adjust Status.
• The employer’s immigrant petition is Form I-140, Immigrant Petition for Alien Worker.
• For broader context on travel authorization, see the official USCIS travel documents guidance.

The difference between these filings matters:

• I-140: an employer petition classifying the worker for an immigrant category. It can generally be adjudicated whether the worker is inside or outside the U.S. and may be approved even after an I-485 denial.
• I-485: allows adjustment to permanent residence from within the U.S. It depends on maintaining eligibility and presence while pending.
• A valid I-140 does not by itself authorize lawful presence or preserve an abandoned I-485.

Concurrent filings heighten the stakes. Many workers file an I-140 and I-485 together to speed processing. If the applicant travels without approved advance parole, USCIS will generally deny the I-485 for abandonment. The I-140 may still be approved, but the path to a green card via adjustment of status is cut off; the applicant may need to pursue consular processing abroad, which carries its own timelines and risks.

USCIS does require address updates within 10 days of moving inside the country while cases are pending because important notices continue to arrive by mail. Missed biometrics or interview notices can delay or derail a case. While there’s no formal departure notice rule, keeping contact details accurate remains vital.

Practical steps and risks: how travel choices affect pending cases

For anyone planning travel with a pending I-485, the safest path is simple and strict:

1. Apply for advance parole early through Form I-131.
   • Do not depart until the document is approved and in hand.
2. If there’s an urgent need, request expedited processing with clear proof of the emergency.
   • USCIS sometimes grants it, but it’s never guaranteed.
3. Keep a valid passport and, if applicable, a valid nonimmigrant visa/status.
   • Advance parole lets you return to the U.S. to continue your I-485, but it is not a visa and does not extend expired nonimmigrant status.
4. Track your mail and USCIS online account to avoid missing notices.
   • Rescheduling biometrics or interviews is possible, but delays can be costly.

Important warning:

Leaving without an approved advance parole document will almost always mean USCIS denies the I-485 as abandoned. Narrow legal exceptions exist, but they are rare and should not be relied upon.

Consequences and employer considerations:

• Families often face emotional and financial tolls when restarting adjustment cases or switching to consular processing after abandonment.
• Employers may still get an I-140 approved if the job offer remains open and the petition is approvable. But if the I-485 collapses, start dates for lawful permanent resident workers move out, and retention risks rise.
• An I-140 can remain valid on paper unless withdrawn or revoked, but it does not by itself permit the beneficiary to live and work in the U.S.

Consular processing is a fallback but not a quick switch:

• It requires the National Visa Center, fees, document collection, and a consular interview.
• Timing depends on the local consulate’s capacity and other factors.
• Many families find the uncertainty difficult to manage, particularly with school schedules and mortgages.

Emergency travel and expedite requests:

• USCIS allows requests to expedite Form I-131 for urgent human need or clear U.S. interests.
• Gather medical letters, employer statements, and travel proofs to support the request.
• Even if expedited processing is granted, do not leave until advance parole is approved—traveling too soon still abandons the I-485.
• Some families mitigate risk by having the applicant with the pending I-485 remain in the U.S. while other family members travel.

Portability and job changes:

• Portability rules allow certain job changes after specific milestones, but travel without advance parole that results in I-485 abandonment eliminates the ability to rely on those portability provisions.
• Keep the adjustment alive whenever possible.

Quick checklist (common scenarios)

• If your I-485 is pending and you plan any trip abroad: get advance parole approved first via Form I-131, Application for Travel Document. Do not depart without it.
• If your employer filed an I-140 and you filed I-485 concurrently: treat travel as high risk unless you already have approved advance parole.
• If only your I-140 is pending and no I-485 is on file: travel does not, by itself, end the petition, but you must maintain lawful presence via a valid nonimmigrant status while in the U.S.
• If you moved domestically while cases are pending: update your address with USCIS within 10 days.
• If there’s an emergency: request I-131 expedite and provide strong proof; still wait for approval before leaving.

Key takeaways

• The system treats adjustment of status as an in-country process. Travel is allowed only when USCIS has cleared it.
• File I-131 early, track case updates, and avoid last-minute trips if the document is not yet approved.
• The I-485 governs the path to permanent residence from inside the U.S.; the I-140 supports that path; the I-131 preserves your I-485 while you travel.
• When in doubt, seek legal advice before making plans that could undo months or years of progress.

USCIS’s materials stress the same simple rule applicants should remember:

Do not leave the country with a pending I-485 unless you already have approved advance parole. This document protects your place in line and your ability to return while your green card case moves forward.