I485 and Visiting India

loki_l77

Registered Users (C)
Hi

My priority date became current in the june visa bulletin.
I am the primary GC applicant and my wife has plans to visit india for 3 months.
Will it impact our GC?

thanks..Loki.
 
Has she already filed her I-485, or is she planning to file it in June? If it's already been filed long ago, does she have Advance Parole? When does she plan to travel?

Your answers to these questions will determine the impact to her GC.
 
Thanks for your quick repply.
Yes, we both filed I485 in 2007. Our priority date(I140 date) became current yesterday when June 2011 visa bulletin was released.
She has applied for her AP for the 2nd time a 1 and a half months and is in process at this time.
Loki.
 
Your priority date didn't become current yesterday. It will become current on June 1st. The dates in visa bulletin don't take effect on the day the bulletin is published; they take effect on the 1st day of the named month (in this case June).

She can go ahead and travel as long as she has a valid Advance Parole when exiting and reentering the US. If her GC is approved when she's abroad, she can still use the unexpired AP to reenter the US. After showing AP at the POE, they will see her GC approval in the system and register her admission as a permanent resident.

However, if her last fingerprinting was more than 15 months ago, there is the possibility of having to attend another appointment before they will approve her GC. So she should be prepared to return to the US on short notice to attend the appointment. Rescheduling the FP would be a bad idea because retrogression could kick in before she gets another appointment.
 
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