Can I travel out of the U.S. with a pending I-526? - EB5Investors.com

Can I travel out of the U.S. with a pending I-526?

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?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You may only travel if you have a visa to come back and your I-20 endorsed for travel.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

The pending I-526 has no impact on your travel. You need a valid F1 visa.

Vaughan de Kirby

Vaughan de Kirby

Immigration Attorneys
Answered on

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.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

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.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

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.

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