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

Asked almost 2 years ago - 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)

  1. Kevin Lawrence Dixler

    Contributor Level 20


    Lawyers agree

    Answered . 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.
  2. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyer agrees

    Answered . 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,... more

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