QUESTION

Can I leave the USA with a pending case and a valid F1 visa?

Asked on Dec 07th, 2012 on Immigration - Connecticut
More details to this question:
I am currently holding a F1 student visa and my husband, who is a permanent residence of USA, has filed an I-130 on my behalf. I am planning to travel outside of USA and I want to make sure that I will be able to come back to USA without any problems. I am afraid that if I leave, I might not be able to come back and complete my studies. Is it a good idea to leave USA with a pending case? I would really appreciate your help.
Report Abuse

2 ANSWERS

I would say that it is risky for you to travel on the f-1 visa with a pending I-130 because the I-130 shows immigrant intent and the F-1 is a single intent visa that does not allow for immigrant intent.
Answered on Dec 13th, 2012 at 8:47 PM

Report Abuse
Alex Troyb
I would strongly advise you NOT to travel outside the United States until you receive your green card. Your student visa was a "non-immigrant" visa - given to individuals who do not possess an "immigrant" intent at the time of their application (and subsequent entry). In other words, you told USCIS that you wished to come to the United States to study but not remain permanently. Once your husband filed the I-130 petition on your behalf, you put USCIS on notice of your "immigrant" intent. As a result, there is a very strong likelihood that you would have an issue when you return to the United States (you may be prevented from entering at the immigration post). The immigration officer may tell you that your F-1 visa is no longer valid since you wish to remain in the United States. It is strange that your husband only filed an I-130 petition, rather than a "one-step" petition (since both of you are presumably in the United States). A "one-step" petition would have significantly reduced the processing time for your application.
Answered on Dec 09th, 2012 at 10:42 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters