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How can my wife travel outside the U.S. with a pending I-539 application and a pending EB-5-based I-485 application?

I am an Indian national currently on my F-1 visa. I have an approved I-526 and have filed my I-485. I have received my EAD and AP combo card already. My priority date is in May 2018, which is not current. I understand that I am subjected to the backlog. Before I filed I-485 for my wife and myself, I also filed a change of status application (I-539) from B-1 to F-2 for my wife. This case is still pending but she already received her EAD/AP card. My question is, if she travels outside the U.S., will she be considered to have abandoned her F-2 status change application or will the F-2 status change case still be processed even after she leaves the country?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It might be best to wait until her application to change status is approved. She must be in status at all times before filing. Since the change is deemed abandoned if she leaves, it is prudent not to travel at this time.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Yes, leaving the U.S. abandons an application for change of status.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    That is correct. If she departs the U.S. while a change of status application is pending and re-enters on the AP, she will have abandoned the change of status application.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A change of status application is usually abandoned upon leaving the U.S. She would re-enter as a pending immigrant under the pending I-485 for her. But the act of filing the I-485 could also result in the I-539 being denied anyway.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your wife may be deemed to have abandoned her F-2, but can re-enter on her AP. As an applicant for adjustment of status, she can attend school.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    She cannot until she gets advance parole (travel permit). If urgent, demonstrate the urgency for an emergency permit at an INFOPASS appointment.

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