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Can You Leave After Biometric Services But Before Receiving Your I-131

Can I Travel While My Green Card I-485 is Pending?

  • The brusk answer to this question is NO!
  • However, you lot can if likewise take other visa or Advanced Parole to enter the USA
  • You tin use for Advance Parole using the USCIS I-131 form to re-enter the USA if yous practise not have whatsoever other visa

Is I- 485 Automatically Abandoned If I Travel?

Y'all can travel and your awaiting I485 (with or without Advance parole) will not be abandoned if you take 1 of these visa types to re-enter the U.s.:

  1. Work visas like H1B and its dependent H4, L-one, and its dependent L2
  2. One thousand-three spouse or a Thousand-4 child of a Us citizen
  3. V-one spouse or V-2, 5-iii child of a light-green cardholder

Notation: Upon returning to the U.s., most individuals must present

  • a valid H, L, K, or Five nonimmigrant visa and must continue to be otherwise open-door
  • If a person does non accept a valid or unexpired H, Fifty, 1000, or 5 nonimmigrant visa, then they volition need to obtain an H, 50, Thou, or V nonimmigrant visa at a U.S. Department of State (DOS) visa issuing mail service
  • Individuals will need a valid nonimmigrant visa, advance parole, or other travel documents to present for reentry

Who Should File I-31?

Each applicant must file a dissever application for a travel certificate.

What is I-131, Application for Travel Document?

This class could be used to apply for:

  • A re-entry permits
  • Refugee travel certificate
  • Advance parole travel certificate, to include parole into the U.Southward. for humanitarian reasons

Re-create of Grade I-131 could exist establish here. To ensure you are using the latest version of this grade, visit the USCIS website at www.uscis.gov where y'all can obtain the latest USCIS forms and immigration-related information.

Yet, if you are a Legal Permanent Resident and Planning to Stay Outside the State, you might want to consider filing I-31 for yourself. Y'all tin can find a FAQ section for your state of affairs here

Who Should Apply for Advance Parole, and What is the Best Time to Apply?

  • If you lot are an bidder for aligning of condition (a green card), yous will likely wait sometime
  • During this time,  it is recommended you stay in the USA so that y'all can appear for a biometrics (fingerprinting) appointment, your interview, and to receive any requests for evidence (RFE) you might receive from USCIS
  • Nevertheless, you might need to travel abroad earlier you lot get your green carte
  • To plan ahead for this possibility, file Form I-131 at the aforementioned time you utilise for permanent residency
  • You should remain in the U.Southward. until your advance parole is canonical and your travel document is mailed to you
  • Delight note that USCIS will abolish your adjustment of condition application if you leave before advance parole is issued.
  • Advance parole and Form I-131 are not just for adjustment of status applicants
  • Persons with another status in the U.S. sometimes demand advance parole and Course I-131 is also used for seeking reentry and refugee travel documents

This article focuses on advance parole for adjustment applicants only

Note: Even with an advance parole certificate, yous tin can still be denied U.S. reentry at the discretion of Customs and Edge Protection (CBP)

Travel with Expired H-1B

  • With Pending Adjustment of Status (AOS), if you program to return to the USA using your valid H1B, then you tin safely travel without AP
  • But, if your H-1B visa has expired and you lot practise not want to attend a visa interview abroad, you may like to use accelerate parole to return to the USA
  • In this case, H1B and H4 should get AP (I-131) approval

USCIS issues a philharmonic carte du jour for both I-485 EAD and AP

Hence, you need to wait for this card to exist approved and receive it before travel

Re-Entering United states of america with the Avant-garde Parole:

  • If you plan to apply accelerate parole to re-enter the USA, your condition on I94 will be marked as "Parolee" and I94will be valid for one year
  • You lot can only work for the same H1B employer with which you had an H1B approval prior to leaving the USA
  • Y'all tin can alter your i94 status again to H1B by filing an H1B extension, Amendment, or Transfer after entering on AP
  • Once H1B is approved, you volition become a new I94 with the status equally "H1B Admitted"

Please Annotation: If you decide to use EAD, you cannot return to H1B status over again while staying in the USA You cannot file an H1B extension, amendment, or transfer once you have switched to I485EAD

Can I Change Back My Status to H-1B?

If you desire to modify your condition back to H1B, y'all would be required to apply for H1B with consular processing and then exit and reenter the USA with a valid H1B visa stamp in your passport

What Is the Filing Fee for Each Category?

  1. Reentry Let: The filing fee for a Reentry Permit is $575. A biometrics services fee of $85 is required for applicants ages xiv through 79
  2. Refugee Travel Document: The filing fee for a Refugee Travel Certificate for an applicant age 16 or older is $135. The fee for a child younger than xvi is $105. A biometrics services fee of $85 is required for applicants ages 14 through 79
  3. Accelerate Parole Document for Individuals Who Are Currently in the United states of america (including individuals whose cases were deferred pursuant to DACA): The filing fee for an Accelerate Parole Document for an private who is currently in the United States is $575. The biometrics services fee is not required
  4. Advance Parole Certificate for Individuals Outside the United States, Including Nether Family Reunification Parole Policies: The filing fee for an Advance Parole Certificate for an individual who is outside the United States is $575. The biometrics services fee is not required

Special Note About the Current Version of the FORM

  • To ensure you lot are using the latest version of this course, visit the USCIS website at uscis.gov where y'all tin can obtain the latest USCIS forms and immigration-related information
  • If you do not have internet access, you may order USCIS forms by calling the USCIS Contact Center at ane-800-375-5283. The USCIS Contact Center provides information in English and Castilian. For TTY (deafened or hard of hearing) telephone call: ane-800-767-1833

Tin I Schedule an Date Online?

  • You can also schedule an engagement online at www.uscis.gov. Select "Tools," and then under "Self Service Tools," select "Appointments" and follow the screen prompts to set upward your appointment
  • Once you finish scheduling an date, the organisation will generate an appointment notice for you lot

A Checklist for an Accelerate Parole Document for Individuals Who are Currently in The U.s.:

  • A copy of an official photo identity certificate
  • Two identical passport-way photographs of yourself taken within 30 days of the filing of this awarding
  • A re-create of whatsoever document showing your current condition in the U.s.
  • Evidence that your trip is for educational, employment, or humanitarian purposes
  • An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document
  • A copy of a USCIS receipt as testify that you filed the adjustment application if y'all are an applicant for adjustment of status; and
  • A copy of the U.S. consular appointment letter, if you are traveling to Canada to apply for an immigrant visa

Please be brash this list is for your information purpose only. Please let usa know if y'all have any questions about documents, consider booking an appointment longer than 30 minutes if you are dealing with whatever complex legal situation(s), and need legal advice

 For more information well-nigh our firm, condign a client, or to schedule a consultation, please contact the states using the form on this folio or give u.s.a. a call at 469-994-9407

Can You Leave After Biometric Services But Before Receiving Your I-131,

Source: https://ustunlawgroup.com/can-i-travel-while-my-green-card-i-485-is-pending/

Posted by: scottjudetted.blogspot.com

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