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How will leaving the U.S. affect my pending I-526?

I have been in the US for 2 months. My I-94 allows me to stay 6 months. However, I plan to leave after I file my I-526 at the end of this month. I plan to return 3-months later. My problem is, the dates on my current I-94 and the I-94 number will change when I come back and will be different from the I-94 info on my I-526 application. Is this a problem? Can I leave while my I-526 is pending and come back with a new I-94 stamp/ticket in my passport and adjust status with the new I-94?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    The date change in your I-94 should not affect your I-526 petition. the filing of an I-526 petition demonstrates an immigrant intent; therefore, approval of a non-immigrant visa is unlikely.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It is not a problem. In order to reenter the United States using a non-immigrant visa, however, you must have non-immigrant intent, i.e., attending business meetings, visiting family friends, sightseeing, etc. If you are in the U.S. in valid non-immigrant status when your I-526 petition is approved, you may be eligible to adjust your status (Form I-485). You would simply update your I-94 information at the time of I-485 filing.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    Leaving the U.S. while an I-526 is pending will not impact the pending petition. If you are entering the U.S. as a visitor it may impact your eligibility to enter as a visitor.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    The issue of your I-94 number is not a problem. The issue of your coming back and filing for an adjustment of status is a problem. You are showing preconceived immigrant intent by coming to the United States with the intention of filing for adjustment. And, your tourist visa does not allow for such intent. The wisest course is to consular process for your residency after I-526 approval.

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    Daniel P Hanlon

    Immigration Attorney
    Answered on

    Dear Madam/Sir: The filing of the I-526 is a clear expression of immigrant intent; i.e. the intent to reside in the US permanently. Visitor''s visas do not allow for immigrant intent, so that strategy may not be advisable. I recommend that you consult directly with an experienced immigration attorney to obtain specific, cogent responses to all of your questions.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    You should discuss this with your attorney. You have demonstrated immigrant intent by filing your I-526. We have clients that have entered the US with a pending I-526 when they have an existing visa. If you are applying for a new visa this may be an issue.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That should not be a problem, as your application to adjust status to the immigrant status will be current as of the time of filing. We definitely recommend retaining qualified U.S. Immigration counsel, like the attorneys at our law firm, to assist you with these processes.

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