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Urgent: Traveling outside US while pending 485

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  • Urgent: Traveling outside US while pending 485

    Need some help with this impending issue: Sponsored my parents 485. My dads greencard has arrived, but my moms process was delayed and they had to leave US - Advanced Parole (I-131) didn't arrive in time before she left, hence denied. Now she has an interview scheduled for 485, which seems to be unaffected! Seems like her Visitor visa is still valid, should she travel on visitor visa? Complicated now since my dad has GC but mom doesn't, travelling this way is a problem. What are our options to get her GC?

  • #2
    Her I-485 has been automatically abandoned when she left. They may not know it yet, but she ultimately is not legally allowed to get any benefit from that I-485 anymore.

    She is likely to be denied entry if she tries to enter on B2 with immigrant intent.

    If she decides to risk it and enter on B2, and the let her in, and she didn't lie, she could file another I-485 after entering.

    Alternately, she would have to go through Consular Processing outside the US.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Travel with combo card while I-485 is pending on Trump Administration

      Hello everyone i applied For adjustment of status and i received the combo card which is for both EAD/AP so now my I-485 Status "Case ready to be schedule for an interview" I wanna travel to haiti for a week so my question is will i be able to come back ? since Trump is president now.

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      • #4
        You should be able to, since that is the purpose of AP.
        Just an opinion; Not legal advice.

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        • #5
          Thanks for your response! Appreciate it. If we cancel/abandon the 485, would she still have/show intent? Trying to figure out if the visitor visa is a waste? Can she ever travel on the valid visitor visa or we only have the option for CP?

          Originally posted by newacct View Post
          Her I-485 has been automatically abandoned when she left. They may not know it yet, but she ultimately is not legally allowed to get any benefit from that I-485 anymore.

          She is likely to be denied entry if she tries to enter on B2 with immigrant intent.

          If she decides to risk it and enter on B2, and the let her in, and she didn't lie, she could file another I-485 after entering.

          Alternately, she would have to go through Consular Processing outside the US.

          Comment

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