When it comes to immigration, change is constant—and that includes the rules that apply to you. One of the most common (and costly) misunderstandings we see is when people continue to follow the rules for their old immigration status, not realizing that things have shifted with their new one.
Just because you could travel before doesn’t always mean you can now. Just because you were allowed to work before doesn’t mean you’re still authorized. These are common and understandable mistakes, but they can lead to serious consequences.
Here are a few examples we see often in our family-based and humanitarian immigration cases.
Becoming a Green Card Applicant
If you are filing for adjustment of status (for a green card) while in the U.S., you are no longer allowed to travel, regardless of whether you have another status while your case is pending. You may apply for Advance Parole (an I-131), which allows you to travel, but you can only leave once that application is approved and you have the travel document in hand upon departure. If you leave without it, even for an emergency, your application could be considered “abandoned.”
Remember, not every applicant is eligible to travel during the process either. If there are certain overstays or other inadmissibility factors, leaving the U.S. may trigger a bar. It is important to talk to an attorney before leaving the country while your case is pending.
Depending on your status before or during the adjustment of status process, you may or may not have the ability to work. Always ensure what your legal rights are in terms of employment and how they may be impacted after filing for a new type of immigration status.
Becoming a Lawful Permanent Resident
If you’ve been living in the U.S. with a pending green card application (Adjustment of Status), you likely had a work permit (Employment Authorization Document or EAD), and Advance Parole for travel (a document that lets you leave and re-enter the U.S. while your case is pending).
However, once your green card is approved, those documents automatically become invalid. You can no longer travel on your advance parole document or work using your EAD—you must now use your green card to re-enter the U.S., and your status as a lawful permanent resident gives you the right to work.
If you leave the country between the time of your approval and receiving your green card, it can lead to delays for your return. You may have to wait until your card arrives and someone forwards it to your address abroad, or you may have to apply for an exception through the American Embassy to bypass needing the card in hand when reentering the U.S.
Becoming an Asylee
If you have asylum, you are not permitted to travel to your home country. You may be able to apply for a travel document that allows you to leave and reenter the U.S., but traveling to the country you fled can raise red flags with immigration and may impact your status. This is true even if you have another type of visa that would ordinarily allow you to travel without limitations.
Becoming a TPS Holder
If you are granted TPS, you no longer maintain whatever type of status you may previously have held. TPS protects people with prior removal orders, so this is a great protection. Your work card does not come with automatic travel permission, but there are instances where applying for advanced parole makes sense. TPS holders are permitted to travel back to their home country.
Becoming a Humanitarian Applicant – U, T, and VAWA
U and T Status – Bona Fide Determinations
Once one of these status applications is filed, the first adjudication in your case is a “bona fide determination,” which means that USCIS believes you have an approvable case, but they cannot approve it due to visa number limitations. While waiting on visas to become available, you may be granted deferred action status and a work card. The work card is only valid for work—it is not valid for international travel.
U and T Status – Full Approvals
Once visa numbers are available, you will hopefully be granted the full T or U status. The rules don’t change in regards to work or travel, but the countdown to when you can apply for your green card begins at this point. You can only have one status at a time, so if you had been maintaining another type of status, that is no longer valid and you hold T or U status.
Finally, once you apply for your green card, the same rules discussed above apply.
VAWA
If you apply for VAWA (Violence Against Women Act), the rules vary on whether you already had a pending marriage-based case or not. You may already have a work card based on your previous case, or you may have to wait for the one based on your VAWA petition. If you file your green card application in addition to your VAWA petition, you will receive a work card based on that as well. Overall, it is important to make sure that your work card remains valid and you use the correct one.
Overall
For many humanitarian applicants, it is common for them to have to renew their work permits or travel authorization regularly. It is important to remember that once your status changes, most likely so does your ability to use those specific documents.
Bottom Line: Ask Before You Act
Immigration rules are complicated. We don’t expect you to know them all—but we do want to keep you safe. If your status has recently changed (or is about to), pause before you travel, or accept new employment. Double-check which documents you need, which ones are no longer valid, and what new rules apply to you now.
And when in doubt? Ask a trusted immigration attorney. We’re here to help you avoid unnecessary mistakes and make sure your hard-earned progress isn’t lost over a technicality.