QUESTION
Concerned re travel in Advance Parole /EAD document
Asked on Apr 05th, 2017 on Immigration - California
More details to this question:
I have received advance parole /EAD card while waiting for a I-485 Adjustment of Status greencard application filed by my husband's employer. My husband however wants to move out before the greencard arrives but I have been told that since this application is employer based this should hopefully be okay still as we are still married since 2000 & we have two kids under 9. My fear is that if I my children & I travel for vacation overseas to Australia to see family that I may not be allowed back in if they find out he has moved out? I dont want to Miss my fathers 80th birthday though... thoughts??
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
As you have an employment-based case and there is no doubt of the bona fides of your marital relationship, you would be eligible to obtain permanent residence with your husband if he still wishes to continue your application even if you are separated. Even if U.S.C.I.S. was to discover that your husband moved out when you reenter the States, that should not have an effect on your admissibility. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 03rd, 2017 at 1:14 PM