QUESTION
Is that true that while one's application for Marriage Based Adjustment of Status is pending one can still travel outside and back again in the US?
Asked on Apr 12th, 2013 on Immigration - Michigan
More details to this question:
Is that true that while one's application for Marriage Based Adjustment of Status is pending, and one travels outside the US and then comes back to the US, there is a possibility he/she will not be let in back in the country? If yes, why?
5 ANSWERS
It really depends on what the person's status in the US is at the time of filing for adjustment of status. If one is in valid status at the time of filing and applies for advance parole, one IS able to travel internationally while the AOS application is pending. If one is out of status or unlawfully present at the time of filing, it is not ok to travel internationally, as there is no basis for readmission to the US.
Answered on Apr 16th, 2013 at 7:52 PM
Immigration Attorney serving Las Vegas, NV
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Law Office of Arsen V. Baziyants
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It depends on whether the applicant accumulated 6 or more months of unlawful presence prior to applying for adjustment of status.
Answered on Apr 16th, 2013 at 7:52 PM
3 Awards
If the person is traveling on a nonimmigrant visa that does not allow for dual intent the problem is that the marriage filing can be deemed by the government officials to be a manifestation of an intent to immigrate which contravenes the underlying intent required for the nonimmigrant visa.
Answered on Apr 16th, 2013 at 7:47 PM
You can travel if advance parole was obtained.
Answered on Apr 16th, 2013 at 7:44 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You should not travel without either a travel permit or green card. And not everyone should be applying for a travel permit. It depends upon whether you have overstayed your last entry.
Answered on Apr 16th, 2013 at 7:44 PM