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How can I return to the U.S. with a B-2 visa if I do not receive my advance parole?

My I-526 application was approved and I am now waiting for my I-485 to be processed. My current advance parole (AP) is expiring in a month and my new application for another AP is still pending. I need to travel abroad for three months. Can I leave now and have my new AP mailed to me after receiving it at my U.S. address? I also heard the processing time for AP can be up to six months. If I cannot get the new AP after three months, can I return with my old (but still valid) B-2 visa?

Answers

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    With your I-485 application pending, you should not depart the United States until you receive your new advance parole document.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you leave the United States without a valid advance parole, you will abandon your I-485. You may not enter the United States with a B-2 visa and resume your adjustment of status. Either do not leave the United States or wait for your advance parole renewal. Otherwise, you might get stuck outside of the United States and be faced with waiting for immigrant visa processing.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No, you cannot leave, as your advance parole application will be deemed abandoned. You must wait for it to be approved before travelling abroad or you will not be allowed to return, and you certainly cannot return claiming to be a tourist.

  • Avatar

    Marisa Casablanca

    Immigration Attorney
    Answered on

    If you leave the U.S. while your I-485 is pending and you have not received your advance parole, your application for adjustment of status is deemed abandoned. You may be barred from entry if you try to use your tourist visa to enter the U.S. with an application for adjustment pending because you are committing fraud on your intent for entry.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Make all efforts to obtain your advance parole (AP) prior to your departure and do not leave the country without it. Otherwise, your pending I-485 may be considered abandoned. If you need urgent travelling, consider scheduling an InfoPass with the USCIS, which will allow you to actually talk to the USCIS officials regarding your situation. Lastly, as to returning to the U.S. with the pre-existing B-2 non-immigrant visa, such a plan is not possible because your B-2 visa is actually no longer valid since your I-526 has been approved. You are on the cusp, by all accounts, a conditional immigrant.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    You cannot use the B-2 visa to return. Coordinate with your attorney to ensure that leaving the U.S. without AP while AOS is pending does not result in abandonment of adjustment.

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    Sarah A Schroeder

    Immigration Attorney
    Answered on

    If you depart the U.S. while your AP renewal is still pending, it will be denied and you will need to re-enter within the validity period of your existing AP to refile that application. Because you are an applicant for adjustment of status you can no longer demonstrate the requisite non-immigrant intent to enter the U.S. on your B-2 visa.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If you travel outside the United States while your Form I-485 application is pending and you do not have a valid advance parole, your I-485 will be denied for abandonment. If there is an extremely urgent need to travel, you may visit your local USCIS field office to request an emergency advance parole document.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    There is danger that if you leave the USA while your I-485 is pending, your I-485 will be denied. Check with your immigration lawyer to see if you are safe in leaving the USA while your AP is pending, but not yet approved. Danger lurks here!

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If you leave without AP approval your adjustment will be denied. Best to go to the district office and request an emergency parole or wait in the U.S. if not an emergency.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your old B-2 visa has been nullified when you applied for the adjustment of status. Thus, if you must travel before your advance parole extension is approved, you must wait until the new card could be sent to you once it is approved to come back.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You will not be able to travel under the B. For more guidance on how you can travel I would need to learn more about your immigration history and proposed travel plans.

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    Charles Foster

    Immigration Attorney
    Answered on

    Under no circumstances should you depart the United States without first obtaining your advance parole; otherwise, you would be deemed to have abandoned your application for adjustment of status and could very well be required to remain abroad until such time as you could be scheduled for an interview and issued an immigrant visa through the appropriate American consulate abroad, which could easily take six to 12 months. With a high degree of certainty you would not be readmitted in B-2 non-immigrant status, given the fact that you have been an applicant for permanent residency. It would very risky to have your advance parole mailed to you, as your departure record would be a matter of public record.

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