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Travel while I-485 in process?

Boston, MA |

Immigration Experts,
I have an approved I-140 and at the time of filing, opted adjustment of status.
Is it true that if you leave US while I-485 is still in process, it is assumed you withdrew your application?
If yes, is there a way to expedite I-485?
If no, can I change to consular processing? What is the process and how long does it take?

The reason I am trying to weigh both options is that I need to visit my home country in September. Would you suggest I-485 or consular processing assuming my priority date is current in May 2013?

Thank you.

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Attorney answers 4

Posted

Is it true that if you leave US while I-485 is still in process, it is assumed you withdrew your application?
If you do so without advance parole, then yes.

If yes, is there a way to expedite I-485?
No

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Posted

If you visited an immigration attorney and had a consultation you would not have to struggle with the idea of giving up your AOS application and know instead, that you can travel on AP. This is just one example of why you need to have that consultation.

NYC EXPERIENCED IMMIGRATION ATTORNEYS 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.

Posted

If you have received advance parole, then you are free to travel.

(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.

Posted

File for adjustment in May, when your priority date is current. At the same time, you'll file an application for an advance parole document. The advance parole should be approved in 60-90 days. Which should be before your September trip. If you travel on advance parole, you won't be deemed to have abandoned your green card application.