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How much can I travel with a pending I-485?

I have presented my I-485 in August 2017 and I have work-related travel authorization in January 2018. I am in the US with an L-1A visa (hence the AoS) and my travel is related to the company that sponsored the L-1A. My I-131 and I-765 have already been approved and I have my Combo Card. Is it possible to travel with all these documents? My immigration lawyer says that he does not recommend traveling, although he says that is legal. What should I do?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    If you have maintained your legal L-1 status and during this status you filed your I-485 application for conditional permanent residency, then you can obtain your advance parole to leave and re-enter the U.S. Based upon the facts you present you can leave and return to the U.S.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Most immigration attorneys will recommend against travel, unless absolutely necessary. If you have valid work/travel permission, you are entitled to use it as long as you remain admissible to the United States. One concern might be if the USCIS calls you for an adjustment of status interview and you are not present in the United States. Rescheduling such an interview can be a pain, but it is possible. It is best to limit your trips outside of the U.S. in frequency and duration until you receive your conditional lawful permanent resident status.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should be able to travel on your advance parole if you have legitimate reasons and no criminal issues. If your L-1A visa is still valid, you should use it to travel and get readmitted on L-1A instead of advance parole because you will be admitted as a parolee.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    If you have a valid travel authorization (advance parole), you are permitted to travel. Like most immigration attorneys, I am one to advise that, given the current political climate, I would not travel unless absolutely necessary.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    I would be curious to know if you have filed for AOS or Adjustment of Status under the EB-5 or EB-1C category. I cannot be certain based on the facts that you presented. Aside from that, an L-1 nonimmigrant is allowed to travel while an AOS is pending even if you did not have an approved I-131. L-1s are allowed to travel in and out of the U.S. without Advance Parole because they are allowed to have dual intent, where they can pursue residence while also remaining temporarily in the United States. You should speak with another immigration lawyer if you are not confident in the information provided by yours.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Travel should be fine with either document unless you have a criminal history.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Sounds like you are good to go - with a pending I-485 and a valid I-131/I-765, you are authorized to travel and be re-admitted without abandoning your I-485. Unless I''m missing something, based on the detailed info you provided, you should be fine to travel.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You need to file Application to Travel and obtain approval, otherwise, your pending I-485 will be treated as abandoned if you travel without it. Consult an immigration attorney for further advice. Thanks.

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    Barbara Suri

    Immigration Attorney
    Answered on

    The approved I-131 allows you to return to the U.S. to pursue your I-485 application. It is possible that your immigration lawyer does not recommend travelling as there are never any guarantees. You should ask him the reason(s) for his recommendation.

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    Charles Foster

    Immigration Attorney
    Answered on

    Having filed your Application for Adjustment of Status on Form I-485 in August 2017, it is very possible and, in fact, you may travel without any problem with your Combo Card that includes your Advance Parole. Not only is it legal, but unless there is some unusual issue regarding your status you should be able to routinely travel in and out of the United States with your Combo Card given the fact that, as evidenced by same, you have been granted Advance Parole, which is permission to travel. You could also travel in and out of the U.S. on your unexpired L-1A visa.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Based on the facts presented, I see no reason why you should not travel. I advise that you get a second opinion.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If your L1-A is still valid, I would suggest you travel with that instead of the EAD combo card based on AOS. Particularly if your travel is based on that work.

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