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submitted i-485 1st june, leaving USA 5th June, Any problem?
- Thread starter AM4GC
- Start date
another_fella
Registered Users (C)
It is advised that you don't leave the country until you get the receipt for 485. Based on what I read on the web and on message boards, if you do leave before the receipt issuance of your 485, then it is considered as abandoning your 485. Better check with your lawyer.
submitted i-485 1st june, leaving USA 5th June, Any problem?
I-485 can be submitted while you are present in USA. after that you can go outside and come back with proper visa, like I will apply Non-immigrant visa in H1B in US consulate.
Any comments on this?
TheRealCanadian
Volunteer Moderator
Based on what I read on the web and on message boards, if you do leave before the receipt issuance of your 485, then it is considered as abandoning your 485.
What you read was wrong. The receipt has no legal significance beyond being evidence that you have a pending I-485.
another_fella
Registered Users (C)
Thanks for your response. I had googled around and read/re-read through http://www.immigration-law.com/Canada.html, the extract is below
<extract>
05/15/2007: June Immigrant Visa Opportunity During Vacation Season
* I-485 can be filed only when the applicant is physically present in the U.S. at the time of filing. Once it is filed, however, the applicant will remain free to travel outside of the U.S. without an Advance Parole or EAD inasmuch as the alien has a valid H-visa or L-visa. All others in other nonimmigrant visa status or out of status who depart from the U.S. without the AP and EAD will be considered abandonment of I-485 application. I-485 applicants usually submit AP and EAD applications concurrently with the I-485 application, in which case since AP and EAD takes at least two months or longer, they will not travel outside of the U.S. What about the H or L visa holders? Theoretically, they are free to travel immediately after filing I-485/EAD/AP, but such trip may not be completely free from any risk. Currently, it is the Service Center policy to mail out the biometric appointment notices soon after the data-entries are completed and file is opened. Additionally, the agency sends out such notice on a very short notice from one-week to ten days. Theoretically, the applicants are allowed to request rescheduling of the biometric session inasmuch as it is timely filed before the date of appointment and the applicant gives a good reason. When the applicant is traveling outside of the U.S., they may either miss it or not be able to file such request timely. The agency adopted not too long ago so-called stricter policy in enforcing the regulation that provides that failure to take biometric session is considered abandonment of I-485 applications. In old days, they were lenient, but nowadays, they are less accomodating the needs of the applicants. It is thus advised that people may want to take a trip after taking biometric collection session for the safe side. Otherwise, the applicants may experience an emotional trauma abroad.
</extract>
Based on this my earlier understanding does not seem to be right about the 485 receipting. Rather it is related to providing timely response to FP notices.
Also below is a post on this forum which is similar what I had thought earlier.
Link: http://www.immigrationportal.com/showpost.php?p=1680013&postcount=5
If you can provide more details which supports it is ok to travel after applying 485, would be appreciate it!
<extract>
05/15/2007: June Immigrant Visa Opportunity During Vacation Season
* I-485 can be filed only when the applicant is physically present in the U.S. at the time of filing. Once it is filed, however, the applicant will remain free to travel outside of the U.S. without an Advance Parole or EAD inasmuch as the alien has a valid H-visa or L-visa. All others in other nonimmigrant visa status or out of status who depart from the U.S. without the AP and EAD will be considered abandonment of I-485 application. I-485 applicants usually submit AP and EAD applications concurrently with the I-485 application, in which case since AP and EAD takes at least two months or longer, they will not travel outside of the U.S. What about the H or L visa holders? Theoretically, they are free to travel immediately after filing I-485/EAD/AP, but such trip may not be completely free from any risk. Currently, it is the Service Center policy to mail out the biometric appointment notices soon after the data-entries are completed and file is opened. Additionally, the agency sends out such notice on a very short notice from one-week to ten days. Theoretically, the applicants are allowed to request rescheduling of the biometric session inasmuch as it is timely filed before the date of appointment and the applicant gives a good reason. When the applicant is traveling outside of the U.S., they may either miss it or not be able to file such request timely. The agency adopted not too long ago so-called stricter policy in enforcing the regulation that provides that failure to take biometric session is considered abandonment of I-485 applications. In old days, they were lenient, but nowadays, they are less accomodating the needs of the applicants. It is thus advised that people may want to take a trip after taking biometric collection session for the safe side. Otherwise, the applicants may experience an emotional trauma abroad.
</extract>
Based on this my earlier understanding does not seem to be right about the 485 receipting. Rather it is related to providing timely response to FP notices.
Also below is a post on this forum which is similar what I had thought earlier.
Link: http://www.immigrationportal.com/showpost.php?p=1680013&postcount=5
If you can provide more details which supports it is ok to travel after applying 485, would be appreciate it!
What you read was wrong. The receipt has no legal significance beyond being evidence that you have a pending I-485.
Last edited by a moderator:
Only reason you need to be here in US while applying I-485 is because your I-94 needs to be valid. It may take months generate a notice. Once you go out of US Your I-94 will invalid and goes back to the agency.Based on this my earlier understanding does not seem to be right about the 485 receipting. Rather it is related to providing timely response to FP notices.
Also below is a post on this forum which is similar what I had thought earlier.
Link: http://www.immigrationportal.com/showpost.php?p=1680013&postcount=5
If you can provide more details which supports it is ok to travel after applying 485, would be appreciate it!
Once you apply for I-485, you have proved that you do not have non-immigrant intent. So F1,B1, TN etc get toasted. So they need an AP to come back. H1 and L1 survive because of dual intent.