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F1 visa expired. I-20 valid until November 2011. I-131 granted. Do I have to apply for F1 visa again?

Kutztown, PA |

I'm currently in the Stated in F1 category. My visa expired July 2008. My I-20 is still valid until November 2011. I'm in good standing. I'm also applying for residency (I-485, I-130) and my case is being processed. I am granted I-131. My question is, if I travel back to my home country over this break, when I return to the States early February 2010, do I have to go to the US Embassy to apply for another F1-visa? Thanks for your help.

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Attorney answers 1


A person who has a pending Application to Adjust Status (I-485) is, in general, no longer eligile for any nonimmigrant visa, such as the F-1. However, by being granted advance parole (I-131), such a person may may travel abroad and return to the U.S. without obtaining a visa. The entry is for the purpose of continuing the I-485 application.

AGGIE R. HOFFMAN, Certified Specialist, Immigration & Nationality Law, State Bar of California, Bd. of Legal Specialization.