1-130 aproved, I-765 aproved, I-485 pending. I need to travel

G

goncode

Registered Users (C)
Hello everyone:

I got my I-130 approved, already received my EAD card, just waiting on my I-485 but it says still pending, the thing is that i need to leave the country by the end of march, so I was wondering what is my best bet? in the interview the guy told me that my card shouldn't take too long(got my interview on Jan 25th, san diego, ca), but i haven't got it yet. So should I apply for I-130? how long is that gonna take?

Thanks
 
So you had your interview and you were approved there? (I assume you were approved there since the officer said you should get your GC quickly) If you have been approved an I-131 would be rejected anyways (since you don't need one). If you have been approved and you don't receive your green card you could probably go in and get a Passport stamp, which you can travel on.

If you were approved, but are pending namecheck, then yes, you could apply for an I-131, but it takes about 90 days to approve.
 
goncode said:
Hello everyone:

I got my I-130 approved, already received my EAD card, just waiting on my I-485 but it says still pending, the thing is that i need to leave the country by the end of march, so I was wondering what is my best bet? in the interview the guy told me that my card shouldn't take too long(got my interview on Jan 25th, san diego, ca), but i haven't got it yet. So should I apply for I-130? how long is that gonna take?

Thanks
Click to expand...

Do not even think about leaving the US unless one of the following occurs:

1) Your I-485 online status updates to Approved - Card production ordered
2) You get an I-551 passport stamp through infopass
3) You get AP, assuming you haven't accumulated 180+ days of illegal presence (Usually about 90 days from time of filing)
 
Last edited by a moderator:
I was approved in the moment of the interview, after that I recieved the I-130 saying that my petion was approved, then my EAD card. The interviewer mentioned that the only thing pending was namecheck, they already got my biographics results back. My I-485 status is recieved and pending.

So I'm still a little bit confused. is there any chance for me to be able to travel before end of march?

Thanks.
 
goncode said:
Also how do I apply for I-551? what are the requi


You should not leave the US until you have green card or passport stamped. You should have signed and received I-551 at the interview (if approved)

I guess you will have to make Infopass appointment and try to get passport stamped or something.

I wouldn't leave US if I were you without

Don't leave without it!!!!!
Click to expand...
 
goncode said:
I was approved in the moment of the interview, after that I recieved the I-130 saying that my petion was approved, then my EAD card. The interviewer mentioned that the only thing pending was namecheck, they already got my biographics results back. My I-485 status is recieved and pending.

So I'm still a little bit confused. is there any chance for me to be able to travel before end of march?

Thanks.
Click to expand...

Well his GC is not approved. Only his I-130 is approved. His case is pending due to name check.
If he want to travel, you will need AP. And if you apply for your AP now, you won't get it before end of March.
 
goncode said:
I was approved in the moment of the interview, after that I recieved the I-130 saying that my petion was approved, then my EAD card. The interviewer mentioned that the only thing pending was namecheck, they already got my biographics results back. My I-485 status is recieved and pending.

So I'm still a little bit confused. is there any chance for me to be able to travel before end of march?

Thanks.
Click to expand...
Your GC is not approved yet, because your name check is pending. Some people have been waiting for their name check results for years. I'm surprized yout IO didn't explain that to you.

You need to apply for an Advance Parole (I-131) to be able to travel, but I think it takes up to 3 months to get it.
 
Thanks everyone for your responses, I made an infopass apointment, to see whats going on. But in any case, I won't leave until I get either my I-155 or GC. Yeah, the interviewer was like all positive, saying that my card shouldn't take too long, that's why I kinda made plans for traveling in march.

Thanks one more time.
 
I went through infopass and asked an officer, he told me that there wasn't much I could do except fill for I-131, now I was reading through the instructions and I have a questions for you all: Before I applied for my GC I had overstayed a year, after my tourist visa expired, is that gonna mess things up with my I-131?

Thanks.
 
If you have a one year overstay, I personally wouldn't risk travelling on AP. You might get a ban on re-entry and then you're screwed. Having AP doesn't guarantee that you can reenter the USA as USCIS will issue you with one even if using it will trigger a ban.
 
Does anyone has personal experience in this matter? is it like a for sure thing that i will trigger a ban??

Thanks.
 
I don't have personal experience, thankfully, but the law states that overstays of 180 days to a year will invoke an automatic 3 year ban, overstays of over a year will invoke a 10 year ban. AP is no defense against this ban, hence why I would suggest you don't risk it, unless you don't really want to live in the USA.
 
Odds are you will be denied entry even with AP, and your only hope will be that your I-485 gets approved quickly and without complications, so you can re-enter as a LPR.

How lucky do you feel?
 
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