how to travel without jeopardizing my I-485?

L

little elf

Registered Users (C)
I am planning to travel to my home country around February,2006 and I sent my I-130,485,131 file to Chicago September 22nd. Of course, I have not received anything from USCIS yet.

But I do have some concern regarding my upcoming travel.

I was told if I leave US while my I-485 is pending, it means I give up my I-485 even I use AP to travel, is this right? If it is right, we need to file another I-485 when we are back? :eek:

Some one also told me that if I travel while my i-485 pending, I will lose my H-1 ( I am current use H-1 to work).

I have not seen my family for four years, is that any way I can travel without jeopardizing my I-485?

thanks
 
You been talking to the wrong people.

From your post, i assume you are still on H1. The advantages of H1-B is that it allows dual intent. You could have a non-immigrant status but still have the intent to immigrate.

As far as travel is concerned, you can travel freely using your H1B and this would no way affect your I-485. This is how it works.... you can apply for EAD and still work on your H1. If you start working on your EAD, you would lose your H1B, and at this point, you would need AP to travel, else it would be considered abandoning your AOS application.

To answer your questions:
1. You wont lose your I-485 when you leave US, provided you are still on H1 or are using AP. You dont need to re-file I-485 as your original one would be still valid.

2. Travelling while your I-485 is pending would not cancel your H1. Using EAD would.
 
ari4u said:
You been talking to the wrong people.

From your post, i assume you are still on H1. The advantages of H1-B is that it allows dual intent. You could have a non-immigrant status but still have the intent to immigrate.

As far as travel is concerned, you can travel freely using your H1B and this would no way affect your I-485. This is how it works.... you can apply for EAD and still work on your H1. If you start working on your EAD, you would lose your H1B, and at this point, you would need AP to travel, else it would be considered abandoning your AOS application.

To answer your questions:
1. You wont lose your I-485 when you leave US, provided you are still on H1 or are using AP. You dont need to re-file I-485 as your original one would be still valid.

2. Travelling while your I-485 is pending would not cancel your H1. Using EAD would.
Click to expand...

What are the rules on AP travel (not a travel passport)? If a person overstayed for more than a year, but has an AP due to a marriage to USC, can she safely leave US, or are there any strings attached?
 
Chigapo said:
What are the rules on AP travel (not a travel passport)? If a person overstayed for more than a year, but has an AP due to a marriage to USC, can she safely leave US, or are there any strings attached?
Click to expand...

I would not travel if i overstayed my visa. I know i read some people got lucky after overstaying, using AP and were able to enter US without problems. I wouldnt take that risk. Overstay is forgiven being the spouse of a USC, but the 3/10 year ban still applies...
 
How long u been out of status? that is the most important thing to consider. If your illegal stay was more than 180 days then they may not let you in on AP, but I heared sometime just a month of illegal stay may cause denial on re-entry. If you have to travel anyway then I advised you to go to Canada and come back after few hours by road through Detroit-Windsor border through tunnel. This is the most linient internaltional border, they will stamp your travel document without any problem and once you got stamped then next time there will be no problem. Infact friend of mine with the same situation as you did the same thing last week.
 
just a quick question.....lets say you get your GC...conditional or permanent....and then you want to travel. I am assuming this is ok right? Or do you still need some kind of travel permit even after getting your GC?
 
A permanent resident alien returning to the United States from a visit abroad of less than a year may apply for readmission by presenting an Alien Registration Receipt Card ("green card") to the immigration authorities at a port of entry.

This is what I read....so I am interpreting that unless you are going to stay for an extended period outside the country, just producing your GC should allow you re-entry right?
 
ari4u said:
I would not travel if i overstayed my visa. I know i read some people got lucky after overstaying, using AP and were able to enter US without problems. I wouldnt take that risk. Overstay is forgiven being the spouse of a USC, but the 3/10 year ban still applies...
Click to expand...

That doesn't make sense. If your overstay is forgiven, then how can the ban still apply? :) Overstay of 180 days is forgiven if you entered the country legally. More than 180 days, don't travel on AP.
 
I found something to answer my own question....

here is quote from USCIS on the instruction of I-485 application :

"Travel outside the United States for adjustment of
status applicants under sections 209 and 245 of the
Act, and Registry applicants under section 249 of the
Act. Your departure from the United States (including brief visits
to Canada or Mexico) constitutes an abandonment of your
adjustment of status application, unless you are granted
permission to depart and you are inspected upon your return to
the United States. Such permission to travel is called ''advance
parole.'' To request advance parole, you must file Form I-131,
Application for Travel Document, with the appropriate fee at
the USCIS office where you applied for adjustment

Execption:
A) H, L, V or K3/K4 nonimmigrants:
If you are an H, L,V, or K3/K4 nonimmigrant who
continues to maintain his or her status, you may travel on
a valid H, L, V or K3/K4 visa without obtaining advance
parole.
.........

"
 
falcon7a said:
That doesn't make sense. If your overstay is forgiven, then how can the ban still apply? :) Overstay of 180 days is forgiven if you entered the country legally. More than 180 days, don't travel on AP.
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I think what he meant is that overstay is forgiven AFTER you become a Permenant Resident. However, leaving the country--if you've overstayed your visa by 180 days or more-- when you're waiting for a petition or when you are under the conditional permenant resident, is subject to a 3 to 10 year ban.
 
falcon7a said:
That doesn't make sense. If your overstay is forgiven, then how can the ban still apply? :) Overstay of 180 days is forgiven if you entered the country legally. More than 180 days, don't travel on AP.
Click to expand...

In order to qualify and be eligible to apply for I-485, you need to meet certain crtieria and one of them happens to be your valid legal status in the US. If you are the immediate relative of a USC, you automatically become eligible to file I-485 eventhough you are staying illegally. Your illegal stay is forgiven only for making you eligible to apply for I-485. This doesnt mean that you can travel freely. You still need I-131 to travel and the I-131 restricts travel if you have overstayed. You have to remember that I-485 forgives your illegal stay if you are the immediate relative of a USC. The I-131 doesnt. Yes, this is a big gap and sounds crazy as they contradict each other, but this is how it works.

My 2 cents...
 
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ari4u said:
In order to qualify and be eligible to apply for I-485, you need to meet certain crtieria and one of them happens to be your valid legal status in the US. If you are the immediate relative of a USC, you automatically become eligible to file I-485 eventhough you are staying illegally. Your illegal stay is forgiven only for making you eligible to apply for I-485. This doesnt mean that you can travel freely. You still need I-131 to travel and the I-131 restricts travel if you have overstayed. You have to remember that I-485 forgives your illegal stay if you are the immediate relative of a USC. The I-131 doesnt. Yes, this is a big gap and sounds crazy as they contradict each other, but this is how it works.

My 2 cents...
Click to expand...

So if someone has overstayed for say, 1 month, and then filed for the I-131 and I-485, you are saying that the I-131 is useless for travel?

you can file the I-485 regardless of how long one has been in the US. However, if you file for the I-131 after 180 days overstay, you will trigger a 3-5 year ban on your entry back in the country. You CAN travel on the I-131 if you have applied for the I-485 and have overstayed for LESS than 180 days.

I got this information from an immigration lawyer. None of it is my interpretation of the law.
 
The trigger is from 180 days and less than a year for the 3 year ban. And for one year or more for the 10 year ban.
There has been cases that even beneficiaries overstayed for more than 180 days they applied for I-131, get out and come back apparently without any problem BUT there are cases that this situation is founded out later during the interview and problems arised.
Even if the law forgive you for your overstay to JUST apply for the benefits (I-485) because you are inmediate relative of a USC, doesn't mean that it is okay if you travel outside in that situation. The only thing that the travel refers is if you accrue enough time for the bar not if you overstay less than the 180 days. That is the gap that the law has.
Good luck,
 
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