How can I travel outside the United States if I am currently on an OPT but my spouse has a pending I-130? - EB5Investors.com

How can I travel outside the United States if I am currently on an OPT but my spouse has a pending I-130?

I am currently on OPT. My spouse is a green card holder and has filed form I-130, which is currently under review. Can I travel outside the U.S. in this situation? If I do, will it cause problems during reentry?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

It is often challenging to travel on OPT but if you have a valid visa and employment letter, you can try. If you also filed an I-485 adjustment, then you need an approved advance parole or valid H-1B or L-1 visa to travel outside the US.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Traveling on OPT is tricky even without a pending I-130 and may not allow you to resume OPT status. Check with your counsel.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, it will prevent you from being admitted into the U.S. as an F-1 OPT.

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