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  • 131 pending travel outside

    Hello, I entered the US on April 1st, with an ESTA permit. I then married my wife on May 31st. On June 3rd, my lawyer sent the adjustment status, advance parole, travel document ( forms I 130, I 131, I 485 and I 765). These documented were received by the processing office on June 7th, and they were marked for “filing”. On July 12th I had the biometrics appointment.

    My ESTA expired June 29th.
    I have now left the US as of August 20th. My question is whether there would be a problem with me getting my travel document if I have already left the country? 23 august my i 485 change status case is ready to schedúe for interwiew

  • #2
    How are you planning to come back to the US? Did you ask your lawyer whether you can leave or not before you left?
    I think it might cause a problem for you, since you won't be able to renter with ESTA as far as I know..
    06/10/2019 - Application delivered to USCIS Chicago Office
    06/18/2019 - Checks Cashed (no txt or email!)
    06/20/2019 - 4 NOAs Letters received in mail
    06/28/2019 - Received Biometrics Appointment notice
    07/11/2019 - Biometrics Appointment done
    07/26/2019 - Called USCIS to place an EAD Expedite request
    08/08/2019 - Requested Expedite through Congressman
    08/09/2019 - Received Courtesy letter for missing i-693
    08/23/2019 - New Card is being produced (I-765) [Day 75]

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    • #3
      My lawyer told me now i need to wait until i have 131 approve then wife mailed me and i come back ... someone have this situation ? .. i hear this same situation abouth 6 people

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      • #4
        Originally posted by Brumik View Post
        Hello, I entered the US on April 1st, with an ESTA permit. I then married my wife on May 31st. On June 3rd, my lawyer sent the adjustment status, advance parole, travel document ( forms I 130, I 131, I 485 and I 765). These documented were received by the processing office on June 7th, and they were marked for “filing”. On July 12th I had the biometrics appointment.

        My ESTA expired June 29th.
        I have now left the US as of August 20th. My question is whether there would be a problem with me getting my travel document if I have already left the country? 23 august my i 485 change status case is ready to schedúe for interwiew
        Your lawyer should have advised you NOT to leave the country unless you have an approved AP. I am not a lawyer myself, but our lawyer advised us that if we were to do such a thing, our case would be abandoned. I am sorry. Please contact your lawyer ASAP.
        Married to USC, WT class of admission, Southern California FO (Downtown)
        Filed forms I-485, I-130, I-765 and I-131; Attorney processed all the paperwork
        2/22/19- Priority Date (PD)
        3/10/19- Received 4 NOAs in the mail
        3/20/19- Biometric done
        7/5/19- I-485: "Case ready to be scheduled for interview"

        8/15/19- EAD/AP approved
        8/21/19- EAD/AP combo card received
        8/31/19- Social Security card received

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        • #5
          From all the information I have read, if you travel abroad while AOS is pending without the AP on hand, the application will be marked as abandoned and you will receive a denial letter. They will not issue the AP now.

          The general rule is not to travel abroad unless you have AP or GC on hand.

          Nov 2018 - Package sent - EB - Texas Service Center
          Day 1 - Package received at the lockbox
          Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
          Day 112 - EAD delivered
          Day 195 - Letter for missing I-693
          Day 3xx - no news

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          • #6
            So i cant wait outside untill approve and enter ? Of my case transfer to consulate and finish Green Card here

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            • #7
              Most likely your case will be denied and you have to start again with consular processing. The problem is that it can take a few weeks/months to get the denial letter.
              Contact your lawyer for the best way to handle your case.
              Nov 2018 - Package sent - EB - Texas Service Center
              Day 1 - Package received at the lockbox
              Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
              Day 112 - EAD delivered
              Day 195 - Letter for missing I-693
              Day 3xx - no news

              Comment


              • #8
                According to regulations (8 CFR 245.2(a)(4)(ii)(A)), since you left the US while your AOS was pending without being granted an AP and without H1b/H4/L1/L2/K3/K4/V status, you have already automatically abandoned AOS. Even in the highly unlikely case an AP was granted to you after you left and someone sent it to you, you cannot use it to return to the US, because it is based on an AOS which is abandoned.

                You can only do Consular Processing abroad now.
                Last edited by newacct; 08-26-2019, 02:48 PM.

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

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                • #9
                  You should strongly consider a different attorney next time. It seems like your current one just burned up a lot of your hard earned cash.
                  Last edited by Poramin; 08-27-2019, 09:41 AM.

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                  • #10
                    Hey everybody i got approve yesterday ... but i leave 20 ... i can enter ap is approve 28

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                    • #11
                      Google is your friend:

                      https://www.uscis.gov/green-card/gre...ergency-travel

                      Comment


                      • #12
                        Originally posted by Brumik View Post
                        Hey everybody i got approve yesterday ... but i leave 20 ... i can enter ap is approve 28
                        No, you cannot enter on an AP that was approved after you left.

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

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