Immigrant Daily

I-485 Receipt Notice Not Needed for Travel Using H and L Visas

For those that have filed their I-485, but have not received their receipt notice, and do not have Advanced Parole – one thing has gotten easier – you no longer need your I-485 receipt notice with you when you travel on an H or L visa.

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U.S. Citizenship and Immigration Services (USCIS) recently passed a new rule amending the list of required documentation that H and L visa holders with pending I-485 applications must bring along when traveling outside of the United States. The new rule, which became effective November 1^st, 2007, no longer requires that an H or L visa holder pending an adjustment of status present his or her I-485 receipt notice upon return. USCIS has determined this rule to be an “unnecessary documentation requirement” which “causes an undue burden on H and L nonimmigrants.”

Although a wide variety of nonimmigrant visas exist, H and L visas are particularly popular for foreign-born individuals who intend to immigrate to the United States because they allow “dual-intent”, meaning 1) that an H or L visa holder is not required to leave the country before adjusting status and 2) that an H or L visa holder may maintain his or her temporary visa status while while applying for a Green Card. As a result of these unique circumstances, USCIS does not require that H or L visa holders apply for Advance Parole before traveling outside of the United States. However, in order to prove that their applications for permanent residence have not been abandoned, H and L visa holders must present certain documentation upon returning to the U.S., most notably, evidence of the current visa status.

According to the new regulations, an I-797 Notice of Action indicating an I-485 receipt notice is no longer a part of this required documentation, thereby removing some difficulties that may be created by the need to await a receipt notice from USCIS before making plans to travel.