Is travel outside or within US legitimate after the petition has been filed with the USCIS?

Asked 10 months ago - Englewood, CO

My petition has been filed with USCIS on September 3,2013 and my I-94 will expire on September 15,2013. I have received an email from my Employer stating not to plan any business/vacation travel within or outside the US until petition is approved.However, at this moment i have a personal emergency and may need to travel outside the US for 3-5 days. Is it legitimate to travel at this time? Also, will it impact the processing of my petition in case my I-94 gets changed?

Attorney answers (4)

  1. Igor Serbinin

    Pro

    Contributor Level 12

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    Answered . not entirely sure what your refer to as "petition" (application?). Change of status, adjustment of status, or extension of status from Employer. You may consider looking into advance parole application for emergency travel depending on your circumstances. Spend a few hundred on good advice from immigration attorney or stay put while your "petition" is adjudicated.

    We are full service immigration and international family law firm with attorneys licensed to practice in Colorado... more
  2. Joshua M Deere

    Pro

    Contributor Level 10

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    Answered . To truly answer this question, we need to know what kind of "petition" you filed. As a general (and very important) rule, you should NEVER, EVER leave the U.S. while a petition is pending without talking with an immigration attorney first, as doing so could cause your petition to be abandoned, and could have very negative future consequences on your ability to re-enter. However, depending on the situation, you may be able to qualify for advanced parole, which is special permission from the U.S. government to leave and come back in while the petition is pending. Again, this should be approached very carefully, and preferably with the help of an attorney.

    Please be aware that this response does not constitute the formation of an attorney-client relationship between... more
  3. Stephen D. Berman

    Contributor Level 20

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    Lawyers agree

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    Answered . You are always free to leave the U.S. If you do, any application for change of status is deemed abandoned and you will need a new visa to return.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  4. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    Answered . Great advice by Mr. Berman.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more

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