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Travel Question
- Thread starter cvb23
- Start date
Yes you can
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
http://www.immigration-law.com/Canada.html
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
http://www.immigration-law.com/Canada.html
Last edited by a moderator:
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.