QUESTION
Can I leave the US if the I-130 is in process?
Asked on Nov 26th, 2013 on Immigration - Michigan
More details to this question:
I am a Canadian citizen currently in the US. I came here as a visitor driving across the border. My husband a US citizen and has applied for the I-130 and it is in process. My 6 months stay is ending soon, however I don’t know if I can leave the US now that the I-130 is in process, and if I don’t leave, will it count as overstaying?
5 ANSWERS
Bruce A. Coane
Frankly, I'm not sure you have implemented or are even considering the best strategy. You'd be well-advised to meet with a qualified expert to discuss the issues.
Answered on Dec 02nd, 2013 at 11:02 PM
Adebola O. Asekun
As the spouse of a U.S. citizen and I-130 petition filed by your spouse should be filed concurrently with your I-130 petition. If the I-485 was concurrently filed and you now wish to leave the U.S., you should apply for a Form I-130 advance parole. If your I-485 was concurrently filed, your departure without an advance parole may be considered an abandonment of your application and you may be refused admission into the U.S. later,
Answered on Dec 02nd, 2013 at 10:32 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
If he is a U.S. citizen and you are in the U.S. then you should file both the I-130 and I-485 to adjust status. Once these are filed you can't leave until you have your travel document (advance parole). You may want to get legal guidance throughout the process as there are landmines. You can leave with the I-130 pending but then you may be remaining in Canada until the process is complete 8-12 months.
Answered on Dec 02nd, 2013 at 10:05 AM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
There is nothing preventing you from leaving the U.S. while the I-130 is pending, but you may have a difficult time returning as a visitor if immigration determines that you have an intent to stay permanently. The better option is to apply for adjustment of status as well as for advance parole. The advance parole will allow you to travel and return to the U.S. while your application for adjustment of status is still pending. If you don't leave by the end of your stay, any time after that will count as overstaying.
Answered on Dec 02nd, 2013 at 10:05 AM
Have you filed the I-485 to adjust status here in the U.S. If so, you cannot leave until you apply and get advanced parole. Read the instructions for the I-485 carefully or see an attorney.
Answered on Dec 02nd, 2013 at 10:03 AM