QUESTION
Can I leave the US while my joint i-130 and i-485 are pending?
Asked on Aug 17th, 2013 on Immigration - Mississippi
More details to this question:
I'm an international student on an F1 visa to the US valid for another 10 months. I'm married to an American citizen, my husband and I are filing the i-130 and 1-485 jointly, and are wondering if I can travel abroad in the meantime? If not, can I request advance parole (i-131) even if there's no emergency (just to visit my family)? If not, do I have to wait to receive the actual green card before I can travel abroad? Thank you for your assistance.
8 ANSWERS
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
By law, you must apply for and be granted advance parole before traveling abroad while your I-485 application is pending, otherwise USCIS can deem that you have abandoned your application and deny your case.
Answered on Aug 28th, 2013 at 3:54 PM
You can travel, but only using advance parole. Read the rules to I 131.
Answered on Aug 28th, 2013 at 3:54 PM
Real Estate Attorney serving Frisco, CO
at
The Law Office of Eric A. Fisher, LLC
Update Your Profile
Only if you receive a travel document from USCIS granting advance parole. You can file the I-131 application with the I-485, or provide the I-485 receipt notice with the I-131 to avoid paying the I-131 filing fee.
Answered on Aug 28th, 2013 at 3:54 PM
You must first obtain advance parole before you can leave. You will abandon your adjustment application if you depart without it and will likely not be able to return on your student visa.
Answered on Aug 28th, 2013 at 3:54 PM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
Do not travel. You should wait until you have either your travel permit or green card. Both take about 2 to 3 months to get (assuming there is no emergency).
Answered on Aug 28th, 2013 at 3:54 PM
You should file an I-131. If you depart the U.S. before an application for Advance Parole is approved, your I-485 will be considered abandoned and your case will be denied.
Answered on Aug 28th, 2013 at 3:53 PM
You should not leave until you receive your travel document. Apply for it with your I-485
Answered on Aug 28th, 2013 at 3:53 PM
Adebola O. Asekun
You can request an advance parole while your Form I-485 adjustment of status is pending. But in interest of caution, overseas trip while a status application is pending is discouraged for an applicant with previous immigration violations which may potentially render such applicant inadmissible. You may travel if you are certain that you have not violated an immigration law that may render you inadmissible when you return to complete your adjustment application processing. Not all violations of immigration law are obvious and so, it may be wise for you to either remain in the US until your case is concluded or consult with an experienced attorney before your overseas trip.
Answered on Aug 28th, 2013 at 3:53 PM