Travel from abroad to US while residency is pending?

michaeljc70

New Member
Can someone that lives in Mexico that has a residency application (I-485) pending and a valid tourist visa travel to the US?
 
I-485 is the form for Adjustment of Status, which is the process of applying for a green card from within the US. The person must be in the US to file I-485, and cannot leave the US while I-485 is pending without abandoning I-485 (unless they were granted Advance Parole before leaving, and return on the Advance Parole, or they had H1b/H4/L1/L2/K3/K4/V status before leaving, and return on the same type of visa). So how is the person outside the US?
 
If someone is applying for a green card from outside the US, they are probably doing Consular Processing, where an I-130 is filed, and after the I-130 is approved, the process goes to the NVC and consulate to apply for an immigrant visa.

If what you mean is, if someone has a pending or approved I-130, can they visit the US, the answer is, Yes, they can try. Just like any other time they try to visit the US, they can be denied entry if the immigration officer is not convinced that they will leave, and having a pending or approved I-130 might make it harder to convince the officer that they will leave, but it's not impossible.
 
I-485 is the form for Adjustment of Status, which is the process of applying for a green card from within the US. The person must be in the US to file I-485, and cannot leave the US while I-485 is pending without abandoning I-485 (unless they were granted Advance Parole before leaving, and return on the Advance Parole, or they had H1b/H4/L1/L2/K3/K4/V status before leaving, and return on the same type of visa). So how is the person outside the US?
I have the same problem. I was told I could travel since i have visa and I am a spouse of usc. As a matter of fact I was confidently told that the process is the same as consular processing, that I could travel as wish.
Should I withdraw the i458 as i am not ready to relocate permanently now? Please, help.
Thanks
 
I have the same problem. I was told I could travel since i have visa and I am a spouse of usc. As a matter of fact I was confidently told that the process is the same as consular processing, that I could travel as wish.
Should I withdraw the i458 as i am not ready to relocate permanently now? Please, help.
Thanks
It depends what your underlying visa is. If H1B or L you can travel without advance parole.
 
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