I am currently studying in the U.S. and I filed my I-526 petition in March 2017. Since I filed the petition, I have not left the U.S. If I am going to take a vacation outside the country, will I be able to return? Will I be able to continue studying in the U.S. as a student?
Many of our clients have traveled in and out of the U.S. on their student visa while their I-526s were pending with no trouble. There is always that remote chance that some mean immigration officers at the airport might not want to let you back in since you expressed a desire to stay permanently.
Travel outside the United States is not recommended at this time. If you do leave the United States, you need a valid passport and visa in order to reenter, and you must qualify for the status in which you are entering, in your case an F-1 student. A pending I-526 petition is an indicator of immigrant intent, so if you are in the United States as an F-1 student, you must maintain your nonimmigrant intent. That is yet another reason not to travel at this time; you do not want to have to explain your intentions to CBP at the border when you are attempting to reenter as a nonimmigrant, but have an immigrant petition pending.
Yes, you can travel out of the U.S. with a pending I-526 petition, but with considerable risk. The immigration (CBP) inspector will know you are seeking lawful permanent residency and could deny your entry on the grounds you are not a bona fide student.
This would depend on the status of your current F-1. I would recommend before planning any travel you consult with your investment immigration attorney.
The pending I-526 has no impact on your travel. You need a valid F1 visa.
You may only travel if you have a visa to come back and your I-20 endorsed for travel.
Yes, you should be able to go and come back. As well, since you are still a student with the duration of study status, you will be able to continue your academic studies.
If you have a valid visa, and endorsed I-20, and are maintaining status, most CBP officers will admit you. if they ask whether you have an immigrant visa petition pending, you must be truthful.
The I-526 by itself should not affect your current, valid F-1, especially if you are still enrolled in a full course of study.
