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