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Questions & Answers

How can an EU citizen travel while waiting for I-526 approval?

Is it possible for a EU citizen to travel to and from the United States on a visa waiver after filing the I-526 and while waiting for consular proceedings? Are there any special permits for travel?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Probably yes when the I-526 is pending; probably not when applying for the conditional green card.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally you should be able to travel, but burden to show intent to return home is higher because of the filing. Be sure to be able to prove ties to home.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Yes, it is possible to travel while your I-526 is pending (and no special permit is needed) as long as you are able to convince the border patrol officer that your visa waiver entry is temporary and you intend to return home at the end of your stay. Good luck.

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    Ian E Scott

    Immigration Attorney
    Answered on

    Once your I-526 petition is filed, you could run in to trouble entering the United States, as a border officer could conclude that you have immigrant intent. Each assessment of intent is done at the individual entry so you should bring proof of your ties to your home country and proof of your plans to return there before the I-526 has been processed. Generally we advise clients not to travel during this period as they do run the risk of being denied entry to the United States.

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