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I-131 based on Pending I-485

New York, NY |

Is it possible to travel on an I-131 if your adjust of status application is still pending? I over stayed my B-2 visa in 2005 and my adjust of status application is pending. Would traveling on an I-131 in my situation trigger the 10 year ban?

Attorney Answers 3

  1. Yes you can travel No problems under current case law. File the I-131, once it is approved you will be able to travel. This travel will not trigger the unlawful presence bar.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

  2. If you overstayed over 180 days, you might be subject to either a 3 or 10 year bar if you traveled outside the U.S. before you obtained a green card. It's not altogether clear, but why take the risk?

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  3. There are some factors that I would need to know to be more definitive in my answer, such as your age during your period of overstaying. But, in general, if you overstayed your B-2 visa for 180 days or more before filing your adjustment of status application then your departure from the United States will trigger a 3 year bar to re-entry. If you overstayed for one year or more you will be barred from re-enetring the United States for 10 years. Just going by the facts you laid out, it would be extremely risky to travel prior to the approval of your adjustment of status application .

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