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 yes, what steps do I need to take?
Answers
Bernard P Wolfsdorf
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryIf you need a new visa to reenter, that may be difficult. If the F2A category is current, you should have also filed for an adjustment and then applied for an advance parole. Unfortunately, those are presently backlogged but investigate whether you are still current to file an F2A adjustment. This category may backlog soon.
Julia Roussinova
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryTravel on F-1 may entail risk with a pending immigrant petition. You should consider filing I-485 and apply for advance parole for travel if eligible.
Lynne Feldman
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryYou need to have your I-20 endorsed by the DSO at your school for travel.
Stephen Berman
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryIt might be smarter to file for adjustment of status and with that, to file for advance parole. Otherwise, as an intending immigrate, the CBP may not admit you back into the U.S. as an F-1 student on OPT.
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