I485 pending travel with student visa

Nckarm4

New Member
Hi all,


I have a questions about my wife. She is on an i20 student visa valid until oct 30th 2021. We have an i485 pending and plan to go on a cruise from oct 24th-oct 30th. Will she be allowed back into the country with her I-20? The I-20 was signed less than a month ago by her advisor.

tia
 

SusieQQQ

Well-Known Member
If she leaves the US (it’s not clear where your cruise goes) she will need an advance parole document to re-enter. If she does not have that she will be deemed to have abandoned her i485 application when she leaves.

 

Nckarm4

New Member
Cruise goes to Mexico but she doesn’t have to get off the ship…does that still count? Student visa is not an exception? Thanks for the info
 

SusieQQQ

Well-Known Member
Cruise goes to Mexico but she doesn’t have to get off the ship…does that still count? Student visa is not an exception? Thanks for the info
Yes, it still counts, Mexico is a foreign country and the ship is leaving US waters.
No, a student visa is not an exception, only dual intent H and L visas are exceptions.
It seems you will have to postpone the cruise if she did not apply for/already receive an AP document.
 

SusieQQQ

Well-Known Member
More specific info about this

If you are not a U.S. citizen or a U.S. LPR, you will need a passport and/or the appropriate documentation based on the status you are seeking in the U.S. for any type of cruise, closed loop or not.
https://help.cbp.gov/s/article/Article-74?language=en_US

Q: May an applicant for adjustment of status disembark in the United States and resume the application for adjustment of status following a round-trip cruise to a country outside the U.S. without a grant of advance parole?
A: CBP indicated that this is not correct, and only applies to USCs and LPRs. Closed loop cruises as described above are cruises that depart from the same port. For all individuals are not USCs or LPRs, this still counts as a departure and upon return, even if to the same port, the individual must present a valid passport and visa (if applicable) or valid 1-512 (if applicable).

(I512 is advance parole)

Btw: according to maritime law all non-US flagged vessels leaving and returning to the US must make at least one foreign port of call during the voyage. (Apparently almost no cruise ships are US flagged).
 
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