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How can I travel with an F-1 visa and a pending advance parole application?

I am an EB-5 investor with a pending I-485 application and a pending advance parole application. I am currently studying in the U.S. with an F-1 visa and an I-20. I will need to travel in two weeks. Can I use my student status to travel out of the country and then return, all without advance parole?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    No, you must have advance parole to travel outside the U.S. or will be deemed to have abandoned your pending I-485. If you had H or L visa, then you could travel.

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    Barbara Suri

    Immigration Attorney
    Answered on

    My experience is that if one has a pending I-485, it is considered abandoned unless one's re-entry into the U.S. is other than by using the advance parole.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No. If you travel before your advance parole is approved, your adjustment is deemed abandoned.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Nope. The I-485 will be cancelled. Wait for the AP.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    No. If you travel without issuance of your advance parole, you could potentially risk abandonment of your adjustment of status. You certainly do not want that. If you absolutely must travel, make an InfoPass appointment with the nearest USCIS office and explain your emergency.

  • Avatar

    Anastasia White

    Immigration Attorney
    Answered on

    No, if you don't want to jeopardize your pending I-485 application. As an F-1 visa holder, you may not leave the U.S. before advance parole is approved and issued. Otherwise, your application for adjustment of status (I-485) will be deemed abandoned. You may schedule an InfoPass appointment to request an emergency advance parole (as follows from the name, it is usually granted when travel is due to emergency circumstances).

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you should be able to travel.

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    Charles Foster

    Immigration Attorney
    Answered on

    No, you cannot use your student visa to travel outside the U.S. and return once you have a pending application for adjustment of status on Form I-485. You would need to first obtain your advance parole and not depart the United States until you have done so. With such a document, you can depart the U.S. and re-enter on same.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    No you will then abandon your advance parole. If travel is an emergency make an appointment to go to the local office with an InfoPass and request an emergency advance parole.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    Generally, traveling wiper AP results in abandonment is the AOS except in certain dual-intent visas like H and L.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    At this stage, if you travel abroad before you advance parole is issued, you risk abandoning your adjustment of status application. Therefore, you need to wait until the advance parole is issued before departing the U.S.

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