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Can I travel back to my country with i485 pending on "battered spouse" based case? Can I make a quick trip to my country?

White Plains, NY |

hi! I came to this country on B1 visa. changed it to F1 later on. I got married right before my i-20 got expired. my spouse filed i130. Then he became abusive. I filed a battered spouse case. and now I have i485 pending. I never overstayed and never went out of status. Can I now travel to my country for emergency case with advanced parole before I get approved for GC? What are my chances to reentry the country?

Attorney Answers 2


More information is needed. Was your I-360 approved? If not, then you run the risk that you will set off the ten year unlawful presence bar.

I strongly recommend appointment with a competent and experienced immigration attorney before you do anything. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

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Thanks for your answer. No, my i-360 is not approved yet. but my status is pending. And I never went out of status or stayed in USA illegal more than 180 days. Why would government issue the parole if that doesn't really help to travel?

Kevin Lawrence Dixler

Kevin Lawrence Dixler


The USCIS offers it, but some applicants disqualify themselves from immigration by using it. It cannot ask enough questions, so it used to warn applicants that it may not work. Now, it no longer warns; there is no duty to warn an applicant. This is a legal process. If you choose to represent yourself, and make a mistake, then you may never be able to undo it, even if an attorney is hired after the mistake.


Meet with an attorney before traveling. You may trigger an unlawful presence bar, but without knowing more I cannot say.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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Why would my traveling trigger the bar? I never stayed in the country illegally. My case is not approved yet, but I'm planning to make a really short trip for max 3weeks. What's the worst thing that may happen when I try to re-entry?

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