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Can my wife travel out of US while my I-485 is pending?

San Francisco, CA |

I'm on H1 and my wife on H4 , my I - 485 has just been filed ( category EB2 ) . My wife would like to visit her family overseas for one month . Would that impact my PERM process ? ( I will not travel , just my wife - if it's OK ) .

Advance Parole usually takes 3 months, and I may not have this time. To be honest, what is happening is that my wife and I have been having some serious problems in our relationship in the last months, and now she is seriously considering to travel to spend some time with her family, and then decide whether or not she will come back. If she leaves the country without AP while the I-485 is still pending, is it going to impact my application as well (or only hers)? Thanks a lot for the clarifications!

Attorney Answers 3


  1. It is confusing whether the process of PERM has just started or you filed for I-485? If the company just started the process, travel on H-4 should not be a problem. However if I-485 is filed and advance parole document sought, discuss this option with your attorney.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  2. I would check with your employer's immigration lawyer. Good luck to you.
    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
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    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.


  3. No, you need to ask for and get an advance parole and you can even accompany your wife.

    www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

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