QUESTION

I'm current F-1 Student. married to a resident (not citizen) we only filled I-130 form for now and we are pending of approval,can i travel outside US?

Asked on Aug 07th, 2019 on Immigration - Nebraska
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I'm current F-1 Student. married to a resident (not citizen) we only filled I-130 form for now and we are pending of approval,can i travel outside US for vacation ? My student visa is still current for 3 more years
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Immigration and Nationality Law Attorney serving New York, NY
3 Awards
You should still be able to travel in and out of the US even though you have an I-130 petition filed as long as you do not need to apply for an F-1 visa before reentering. That being said, the safer way is for you to file the I-485 application to adjust status since the F-2A category is current for filing and at the same time apply for advance parole on form I-131 Application for Travel Document. Such can be adjudicated within 3-6 months of filing. With the advance parole, you would be allowed to travel in and out of the US during the time that the application for permanent residence is pending. 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 Sep 01st, 2019 at 11:06 AM

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