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Immigration through Adjustment of Immigrant Status
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole.
Note: However, if you have accrued more than 180 days of unlawful presence and then travel abroad, you will be barred from adjustment of status for either three years or 10 years, even if you were granted "Advance Parole," unless you are granted a hardship waiver. Generally, the three-year bar to admission applies to those who were unlawfully present in the United States for more than 180 days and leave the country, and the 10-year bar applies to those who were unlawfully present in the United States for one year or more and leave the country.
If you do not apply for Advance Parole before you leave the country, you will abandon your application with USCIS, and you may not be permitted to return to the United States.
How Can I Appeal?
If your application to adjust to permanent residence status is denied, you will receive a letter that will tell you why the application was denied. If you are not in a current, legal status, the process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, USCIS must prove that the facts on your application were untruthful and that your application was properly denied. If the immigration judge decides to remove you from the country, you may appeal this decision. Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.
From U.S. Citizenship and Immigration Services
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