Leaving US while I-485 is being processed

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cadnyc100

New Member
I will be submitting an I-485 AOS within a couple weeks. I just got married and have TN status until March 2025 so I will be submitting EAD as well.

I was under the understanding that I would have to submit an I-131 for permission to travel. ie. Leaving the US before I have the green card would be considerd abandoning the I-485 application. However, I was speaking to someone at SimpleCitizen and they seemed to think that was not the case because the TN status still gives me lawful entry.

My question:

After the I-485 is submitted and being processed, can I still leave the US and re-enter on TN status without compromising the green card process?
 
Your submitted I-485 will be considered abandoned and subsequently denied if you depart from the US while the I-485 is pending without an approved AP.
 
.... and you will not be allowed entry on your existing TN as you will have demonstrated clear and undeniable immigration intent by filing I-485. The person giving you wrong advice is confusing TN with H and L statuses, which DO allowimmigration intent.

So, once you file I=485, you MUST remain in US until you get EAD/AP in order to (a) leave without abandoning I-485 and (b) enter the US and still be allowed to work (no longer on TN, but with EAD).
 
Last edited:
cadnyc100 said:
I will be submitting an I-485 AOS within a couple weeks. I just got married and have TN status until March 2025 so I will be submitting EAD as well.

I was under the understanding that I would have to submit an I-131 for permission to travel. ie. Leaving the US before I have the green card would be considerd abandoning the I-485 application. However, I was speaking to someone at SimpleCitizen and they seemed to think that was not the case because the TN status still gives me lawful entry.

My question:

After the I-485 is submitted and being processed, can I still leave the US and re-enter on TN status without compromising the green card process?
Click to expand...
See 8 CFR 245.2(a)(4)(ii)(A) through (D). Leaving the US while I-485 is pending will automatically abandon your I-485 unless you were granted Advance Parole prior to leaving, and you return on that Advance Parole, or you maintained H1b/H4/L1/L2/K3/K4/V status until right before leaving, and you return on the corresponding type of visa.
 
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