I applied for a Green Card Through Marriage, can I travel while my application is pending using an Advance Parole?

I applied for a Green Card Through Marriage, can I travel while my application is pending using an Advance Parole?

Any person who is in the process of adjustment of status may apply for an Advance Parole. The Advance Parole is a derivative right to a pending application for adjustment of status and this document allows smooth entry into the United States after a short trip abroad for people whose green card applications are pending with the USCIS.

It is important to note that a person who overstayed his status in the United States by 180 days but less than a year is inadmissible to the United States for a period of three years. Furthermore, a person who overstayed his status in the United States by one year or more is inadmissible to the United States for a period of ten years. This is commonly referred to as the three and ten bar of re-entry. Some people, who nevertheless traveled and are subject to the bar may be eligible for a Waiver of Inadmissibility, but you should not count on that.

Therefore, even if you were granted an Advance Parole by the USCIS you should consult a US Immigration Lawyer before traveling outside the United States.