Traveled with Pending I-485; Abandoned?

[Nallife]

Hi all experts, I have a question that would require your consult.

I am currently under F-1 visa and working via OPT. I have applied and submitted my I-485 on 3/30/2018. However, I have immediately traveled back to my home country on 4/3/2018 due to my mom's health was in critical condition unexpectedly and she passed away on 4/9/2018. I stayed in my home country for two weeks to handle her funeral and other family matter, then traveled back to USA on 4/22/2018.

It didn't occur to me until now that I might have unintentionally abandon my I-485 as I always thought I am free to travel as long as my F-1 and OPT still remains active. I want to ask how high the chance my application will get rejected and what should I do for next step?

Thank you!

[4EVER]

Hi all experts, I have a question that would require your consult.

I am currently under F-1 visa and working via OPT. I have applied and submitted my I-485 on 3/30/2018. However, I have immediately traveled back to my home country on 4/3/2018 due to my mom's health was in critical condition unexpectedly and she passed away on 4/9/2018. I stayed in my home country for two weeks to handle her funeral and other family matter, then traveled back to USA on 4/22/2018.

It didn't occur to me until now that I might have unintentionally abandon my I-485 as I always thought I am free to travel as long as my F-1 and OPT still remains active. I want to ask how high the chance my application will get rejected and what should I do for next step?

Thank you!

My condolences on your mom's demise.

I'm no expert but I've gained basic knowledge on immigration from this forum, and from previous F1-related threads, I think you are not allowed to leave the US if you have an AOS pending, unless you've been granted AP (Advance Parole) or you "have H1b/H4/L1b/L2/K3/K4/V status when you left, and return on that same type of visa". Here's the related link: https://www.immihelp.com/forum/showt...en-AOS-Pending. You're lucky you were able to re-enter, but your AOS could be in jeopardy now. Best to maybe consult a lawyer.

[newacct]

Hi all experts, I have a question that would require your consult.

I am currently under F-1 visa and working via OPT. I have applied and submitted my I-485 on 3/30/2018. However, I have immediately traveled back to my home country on 4/3/2018 due to my mom's health was in critical condition unexpectedly and she passed away on 4/9/2018. I stayed in my home country for two weeks to handle her funeral and other family matter, then traveled back to USA on 4/22/2018.

It didn't occur to me until now that I might have unintentionally abandon my I-485 as I always thought I am free to travel as long as my F-1 and OPT still remains active. I want to ask how high the chance my application will get rejected and what should I do for next step?

Thank you!

Your I-485 is definitely abandoned. You need to file I-485 again.

[Nallife]

My condolences on your mom's demise.

I'm no expert but I've gained basic knowledge on immigration from this forum, and from previous F1-related threads, I think you are not allowed to leave the US if you have an AOS pending, unless you've been granted AP (Advance Parole) or you "have H1b/H4/L1b/L2/K3/K4/V status when you left, and return on that same type of visa". Here's the related link: https://www.immihelp.com/forum/showt...en-AOS-Pending. You're lucky you were able to re-enter, but your AOS could be in jeopardy now. Best to maybe consult a lawyer.

Yeah, that's actually the post that prompt me to seek for an answer.

Your I-485 is definitely abandoned. You need to file I-485 again.

Can I file it immediately or I should wait until i received official rejection?

[azblk]

Yeah, that's actually the post that prompt me to seek for an answer.


Can I file it immediately or I should wait until i received official rejection?

Sorry for your loss. Yes you can refile immediately and you should if you can afford it.

[Nallife]

Sorry for your loss. Yes you can refile immediately and you should if you can afford it.

Thanks! Do I have to withdraw my first application? or I can keep them both on simultaneously?