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How can I leave the country without an I-131?

I filed my I-131 application one week ago. UPS tracking shows USCIS has received it, yet I still have not received my receipt notice. I need to travel abroad due to a personal issue. How can I temporarily leave the United States?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If your I-131 is for an advance parole document, you cannot leave the U.S. without abandoning your pending I-485 case. If it is for a re-entry permit as a green card holder, you can leave after you complete your biometrics appointment and receive the re-entry permit abroad at a designate post or a family member can mail it to you via insured mail.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If your I-131 is for an advance parole, you cannot leave the United States without abandoning your I-485 adjustment of status application (unless you are in H-1B or L-1 status). If your I-131 is for a re-entry permit, i.e., you are permanent resident needing to have a two-year travel permit, you should wait to complete the biometrics and then you could leave the United States without consequences. You should make sure that your re-entry permit is delivered to a secure location (such as a friend or family member in the United States who will forward it to you abroad once it is received). It can also be delivered to a U.S. embassy or consular office abroad where you can pick it up. Unfortunately, this option is not available for an advance parole travel document (based on I-485 pending).

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Unfortunately, if you depart the U.S. prior to the advance parole being issued, that would be considered an "abandonment" of the I-131 application. If your personal issues are an emergency, you can try to do an InfoPass appointment at the USCIS district office near your residence and try to have them issue it in person. But you need to document your emergency/urgency.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you have a valid visa status with documentation, such as a visa page in your passport that has not expired, an EAD/travel card or conditional green card, then you may travel and come back to get your biometrics done. If you do not have any documents that will allow you to come back, then leaving before you get your biometrics done and I-131 approved would be a bad idea.

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    Stephen Berman

    Immigration Attorney
    Answered on

    File another one online, pay the fee, and bring the receipt to USCIS at an InfoPass appointment. Bring proof of your urgent need to travel immediately. They have discretion to request USCIS to expedite and approve you. Expect to spend many hours at USCIS getting this done.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You would need to make an InfoPass to the local office and show the urgency of travel. If they agree they can issue an emergency travel documents. They may require you to pay again, so bring a completed I-131 and photos.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    What is the underlying immigration status? If adjustment is pending, you will abandon your application if you leave without an I-131. Most USCIS field offices can issue an I-131 on the same day for certain reasons. Consult with a local immigration attorney.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you leave before it is approved your application is deemed abandoned. The only option is to request an expedite at the local office and that must meet current expedite criteria. USCIS may expedite a petition or application if it meets one or more of the following criteria: severe financial loss to company or person; an emergency situation; humanitarian reasons; a nonprofit organization whose request is in furtherance of the cultural and social interests of the United States.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If it is an emergency, it may be possible to make an InfoPass appointment at your local USCIS field office and request permission to travel. Please work with an attorney who can attend this appointment with you.

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    Charles Foster

    Immigration Attorney
    Answered on

    No, you should not depart the U.S. without first obtaining your advance parole if your advance parole was based upon the fact that you filed an application for adjustment of status. You should consult with your attorney, but if you are in valid H-1B or L-1 status, you may have other viable options available to you.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    If you leave the country without receiving your I-131, it will be denied. If you leave the country after you file an I-485 without an advance parole granted through the I-131, your adjustment of status will be deemed abandoned unless you travel under an H or L visa.

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