I just submitted I-485 for my family, and we do not have our fingerprints gathered or be requested to take medical exams. My spouse will leave the US for his family reason. Since my spouse is not holding any valid visa, so does it mean he cannot be back to the US until we get our green card? Will his leaving causes his I-485 denied? And will my daughter and myself’s I-485 approval be impacted?
If spouse is the principal applicant and leaves the U.S. before receiving a travel permit, then all I-485s will be denied. If travel is essential, then have the spouse apply for an emergency advance parole at the local office.
Yes, leaving without an AP will cause the I-485 to be denied. If he is the principal applicant, then the I-485s for everyone will be denied.
If your spouse is the principal applicant and left without an H or L visa or advance parole, the application is deemed abandoned and you and your family will be denied. If you are the principal applicant, then his departure simply means he will have to process abroad and you will need to file a following to join application for him.
If you are the principal EB-5 applicant, then the departure of your spouse will not affect your application or those of your children. If your husband has not received his Advanced Parole (part of the work authorization/advance parole combo card) yet as part of his I-485 process, then departing the U.S. will cause his I-485 to be deemed abandoned, unless your spouse is in valid H or L status. If your spouse does not have a valid visa or advanced parole, he will not be able to reenter the U.S. without a valid visa, and will have to pursue consular processing abroad to obtain his green card.
If your spouse has no advance parole, departure will abandon the 485. If he was the lead application, you will all be denied.
Once the I-485 is submitted, the applicant must stay in the U.S. until advance parole (Form I-131) is approved. If they leave, the I-485 will be considered abandoned and denied. If not the primary, I do not believe it should affect the other family members.
