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Can I travel outside the U.S. with my student visa while my I-485 is pending?

I would like to know if I can travel with my student visa outside U.S. while my EB-5 I-485 is pending. Also, will the trip have any negative impact on my green card? Could I have any trouble entering the border?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No, you need an advance parole or you cannot return and the application is abandoned.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If you have an I-485 application pending, then you should not seek to be admitted to the U.S. with an F-1 visa. You could have a problem at the U.S. port of entry. Also, this could be seen as visa fraud.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Once you have an immigrant petition filed such as I-485, you can no longer enter the U.S. with an F-1 visa, as you have now indicated your immigrant intent. That said, as long as you have advance parole authorization you should be fine, but if you do not and leave the U.S. without getting one, your I-485 petition could be deemed to be abandoned. The trip per se will have no negative impact on your green card, as it is very well known that things come up and people need to travel. Again, as long as you apply for advance parole and wait for it to get approved you should be fine.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If you travel while I-485 is pending without a travel permit, you are abandoning your permanent residency (the I-485 case). So no, do not travel until your I-131 is approved for travel.

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    Evelyn Hahn

    Immigration Attorney
    Answered on

    Your I-485 should have been filed with your advance parole application. If you leave the U.S. before advance parole is approved, USCIS will consider your I-485 abandoned and will deny it. Therefore, you must wait until your advance parole application is approved and must not travel with your student visa in the meantime.

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    Charles Foster

    Immigration Attorney
    Answered on

    You need to first apply for and obtain your advance parole.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Wait for advance parole instead. You're a pending immigrant now, and trying to enter with the F visa will be basically impossible.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You should not travel outside the USA while your I-485 is pending unless you received travel permission after you filed the I-485. If you didn't ask for it, you can ask now, but it usually takes more than 90 days to get it. If you leave without the advance parole to travel, your I-485 will be considered abandoned.

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    Sally Amirghahari

    Immigration Attorney
    Answered on

    I suggest to apply for an advance parole/travel document with the USCIS so you won't have an issue return back to the U.S.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    Only with advance parole.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    No. You need to get AP.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Ensure you do not travel outside the U.S. before you receive an advance parole document. If you did not file an application for an advance parole document (and an employment authorization document), you will need to file these applications with a receipt notice of your pending I-485 and receive an advance parole document before you travel outside the U.S.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You should travel outside the United States only if you have a valid passport and an advance parole travel document or a "combo card," which is an employment authorization document (EAD) with the words "also serves as I-512 advance parole." Otherwise, you will abandon your pending I-485. You should not travel with your student visa while your I-485 is pending. Also, if you have accrued more than 180 days of unlawful presence in the United States, you should not leave the United States without first checking with an immigration attorney who can advise you regarding the re-entry bars.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    You should travel using the advance parole.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You cannot travel on your student visa, instead you should file Form I-131 and obtain a permit to travel.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    I do not recommend that you do. I will file for travel document I-131, and then I travel. If you have a family emergency, you may expedite the application.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Any travel outside of the U.S. without advance parole authorization will be considered an abandoment of your I-485 application.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    While your I-485 is pending, if you depart the U.S. without first obtaining an advance parole, you are abandoning the I-485 application. You need to apply for and wait for the advance parole before traveling abroad.

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