Can a person travel from USA before approval of I-131

S

sreenve

Registered Users (C)
Hi ALL,

Is it possible for an applicant ( filed I-485, I-130 and I-131(Adv Parole) concurrently) to travel outside of USA while the status of all 3 are still pending ? Currently he is in USA. I just want to check before making the travel arrangements since we dont to complicate the application process by doing something which is not right.

Thanks in advance for the help

Regards
 
Risky

sreenve said:
Hi ALL,

Is it possible for an applicant ( filed I-485, I-130 and I-131(Adv Parole) concurrently) to travel outside of USA while the status of all 3 are still pending ? Currently he is in USA. I just want to check before making the travel arrangements since we dont to complicate the application process by doing something which is not right.

Thanks in advance for the help

Regards
Click to expand...

I am sure the applicant currently holds a non-immigrant visa. Having said that, the idea of leaving the country and entering back on a non-immigrant visa seems a bit risky to me esp when all these above mentioned applications have already been filed. Let's wait for some other folks to add on this.
 
Travel is not a problem once they have been filed and you have the receipt numbers from the petitions.

This only applies if the person is still on some non-immigrant visa and can travel using that visa. Otherwise, the person has to wait for AP approval while in the country to be used for travel IMO.
 
Depending on her non-immigrant status. There are some non-immigrant status that are consider "dual" and that's possible, read the instructions or go to uscis.gov. Be aware that if you are talking about B1/B2 visa, that visa does not longer applies. You need an AP.

You are an adjustee so then you must comply with the correct travel documents during the AOS process.

The memos, warnings and instructions on the form indicates that you must have an AP before leaving the US. Now, there are people who are taking risks and leave and somebody send them the AP by fedex or another service. Be aware that the times for the application to be approved and sent varies and some cases the person never received them...in that case, then the person would be in a very problematic situation and might get deny to re-enter the US.

Even when you apply for a visa, it states that is wise to NOT book any travel before the proper immigration documentation is ready since there is no guarantee that will be 1. approved or 2. be on time.
 
txh1b said:
Travel is not a problem once they have been filed and you have the receipt numbers from the petitions.

This only applies if the person is still on some non-immigrant visa and can travel using that visa. Otherwise, the person has to wait for AP approval while in the country to be used for travel IMO.
Click to expand...

txhib,

I guess you are missing the point here. What sreenve is saying that all her applications including, I repeat including I-131 (AP document) is pending. In that case it's not advisable for him/her to travel out of US.
 
Traveling without an AP while doing AOS

There are some exception that will allow you to travel without an AP, like having an still valid H1 visa. You can get more detailed info at this link:
http://www.immihelp.com/greencard/adjustmentofstatus/advance-parole.html

Furthermore, some friends of mine are doing their AOS (I-140/I-485) They never apply for AP, they just traveled to Peru and got back without problems, all this using their H1/H4 visas.
 
H1/H4 or L1/L2 are probably ok to travel, but anything else is unlikely. Not sure about F1.
 
F1 must prove non-immigrant intent at every entry attempt at POE... Coming back on F1 to AOS, is hardly non-immigrant.

Only L or H visas (dual intent) may be used to re-enter while the AOS is pending. Anything else, they must wait until the AP is approved.
 
From ICE website.



2.K. Can I travel outside the United States if I have a Form I-485 adjustment of status application pending?

No, not without advance permission. If you depart the United States with a pending I-485, you have abandoned your application unless you receive permission in advance from USCIS to return to the United States. This permission is called Advance Parole. See the USCIS website at http://uscis.gov/graphics/formsfee/forms/i-485.htm#485 for more information. You need to plan in advance. You can check the USCIS website at https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=b4wd_SP7jI0c to find out the processing time at the various Service Centers.

You may also be considered ineligible to return to the United States as an F-1 student, because your application to change status to that of a permanent resident is evidence of intent to immigrate which is inconsistent with nonimmigrant student status.
 
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