I-485 just approved, and traveling without card in hand

[arnie123]

Hi all,

Smooth sailing so far on my Greencard, but now have to make a decision quickly on international business travel I have planned for tomorrow.

- I am leaving on a business trip tomorrow, returning in a week
- My I-485 just got approved this morning as per email and a card is being produced
- Meanwhile, my I-765 is approved and the card also just got mailed and I won't have that in hand by the time I am scheduled to leave the country
- I-131 received and pending
- I am on H1B currently

Can I safely leave the country, just having my H1B notices and initial I-485 filing receipt with me and return? I read that entering on AP would be the way to go, but it seems from my situation that I might not be considered AP yet until I hold the mailed doc in hand?

Thanks so much - any insight is greatly appreciated.

Arnie

[rayb]

Travelling outside the U.S. without your Advance Parole, during your I-485 processing is considered abandonment of your Adjustment procedure.

--Ray B

Hi all,

Smooth sailing so far on my Greencard, but now have to make a decision quickly on international business travel I have planned for tomorrow.

- I am leaving on a business trip tomorrow, returning in a week
- My I-485 just got approved this morning as per email and a card is being produced
- Meanwhile, my I-765 is approved and the card also just got mailed and I won't have that in hand by the time I am scheduled to leave the country
- I-131 received and pending
- I am on H1B currently

Can I safely leave the country, just having my H1B notices and initial I-485 filing receipt with me and return? I read that entering on AP would be the way to go, but it seems from my situation that I might not be considered AP yet until I hold the mailed doc in hand?

Thanks so much - any insight is greatly appreciated.

Arnie

[arnie123]

Thanks for the swift response! Just for my understanding - wouldn't you consider the I-485 approved and not processing anymore in this case? So if I actually had my documents for both 485 or respectively 765 on hand I'd be fine?

[Adrian Gruber]

Thanks for the swift response! Just for my understanding - wouldn't you consider the I-485 approved and not processing anymore in this case? So if I actually had my documents for both 485 or respectively 765 on hand I'd be fine?

You still don't have the actual 797c "Notice of Action" so it would be considered a case of abandonment.

[Turk]

Check this section in I-485 instructions: "Effect of departure from the United States while your application is pending" on Page 6 and 7.

https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Though, I am not aware whether that statement is nullified elsewhere, by another statement.

Hi all,

Smooth sailing so far on my Greencard, but now have to make a decision quickly on international business travel I have planned for tomorrow.

- I am leaving on a business trip tomorrow, returning in a week
- My I-485 just got approved this morning as per email and a card is being produced
- Meanwhile, my I-765 is approved and the card also just got mailed and I won't have that in hand by the time I am scheduled to leave the country
- I-131 received and pending
- I am on H1B currently

Can I safely leave the country, just having my H1B notices and initial I-485 filing receipt with me and return? I read that entering on AP would be the way to go, but it seems from my situation that I might not be considered AP yet until I hold the mailed doc in hand?

Thanks so much - any insight is greatly appreciated.

Arnie

[arnie123]

Check this section in I-485 instructions: "Effect of departure from the United States while your application is pending" on Page 6 and 7.

https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Though, I am not aware whether that statement is nullified elsewhere, by another statement.

Thanks, that's a great read. I hadn't mentioned this before. Here is what it says in my case:
A. You are an H, L, V or K3/K4 nonimmigrant who is maintaining lawful nonimmigrant status and you return with a valid H, L, V or K3/K4 nonimmigrant visa; OR
B. You obtain, before you leave the United States, a grant of advance parole by filing Form I-131 as specified in the Form I-131 instructions, and you are paroled into the United States when you return.

Now, neither of these are applicable in my case because my application isn't actually pending, right? Again, the I-485 is approved, but the card just ordered.

So the way I look at my situation is that the only valid documents I hold to reenter the US (if I were to travel tomorrow) are my H1B visa and stamp. But apparently reentering on an non-immigrant status with an approved I-485 forfeits that? It's a little bit of an edge case of course, but unfortunately the one I am in.

[rayb]

Travelling without the card or advance parole would be okay if returning to your home country or any other country that allows folks of your nationality to enter.

When reentering the U.S., however, you will need either the Green Card of the Advance Parole card (the latter probably on a dual-card EAD and Advance Parole).

There is a possibility that you might have a problem getting a round trip ticket without the Green Card or Advance Parole for the return leg of the RT ticket.

--Ray B

Thanks for the swift response! Just for my understanding - wouldn't you consider the I-485 approved and not processing anymore in this case? So if I actually had my documents for both 485 or respectively 765 on hand I'd be fine?

[Turk]

I would *guess* that; I-485 being approved or pending should not matter when you have an H1B visa, which is a dual intent visa.

Since you mentioned your travel is on 11/2, what did you end up doing?

Thanks, that's a great read. I hadn't mentioned this before. Here is what it says in my case:
A. You are an H, L, V or K3/K4 nonimmigrant who is maintaining lawful nonimmigrant status and you return with a valid H, L, V or K3/K4 nonimmigrant visa; OR
B. You obtain, before you leave the United States, a grant of advance parole by filing Form I-131 as specified in the Form I-131 instructions, and you are paroled into the United States when you return.

Now, neither of these are applicable in my case because my application isn't actually pending, right? Again, the I-485 is approved, but the card just ordered.

So the way I look at my situation is that the only valid documents I hold to reenter the US (if I were to travel tomorrow) are my H1B visa and stamp. But apparently reentering on an non-immigrant status with an approved I-485 forfeits that? It's a little bit of an edge case of course, but unfortunately the one I am in.

[arnie123]

Hi everyone!

Just to close the loop here. First, thanks for the super quick help, I greatly appreciated getting more insights from this community.

I decided not to travel, and here is why:

- My lawyers got back to me this morning and advised to first go to the local field office without appointment to try and get a temporary I-551 travel stamp
- Field office confirmed, the I-485 is definitely approved and I am now officially on immigrant status (yay!!!)
- The supervisor said they are out of jurisdiction to issue a stamp without appointment (I am currently not home and was planning on flying out from a different location)
- They did say my situation is essentially the same as someone coming back who had their documents stolen or so – I could expect at least secondary interrogation when entering on the Greencard, but likely get cleared after all has been checked, but no guarantees

So, all things considered, I decided not to go on the business trip. The risk is probably low, but I can make that decision at work without asking anyone and will probably find someone to help me out in Sydney. On a personal note, happy to be home rather than on planes, and I can be here for election day.

[TaoTibetan Andrea]

Thank you for this info

Hi everyone!

Just to close the loop here. First, thanks for the super quick help, I greatly appreciated getting more insights from this community.

I decided not to travel, and here is why:

- My lawyers got back to me this morning and advised to first go to the local field office without appointment to try and get a temporary I-551 travel stamp
- Field office confirmed, the I-485 is definitely approved and I am now officially on immigrant status (yay!!!)
- The supervisor said they are out of jurisdiction to issue a stamp without appointment (I am currently not home and was planning on flying out from a different location)
- They did say my situation is essentially the same as someone coming back who had their documents stolen or so – I could expect at least secondary interrogation when entering on the Greencard, but likely get cleared after all has been checked, but no guarantees

So, all things considered, I decided not to go on the business trip. The risk is probably low, but I can make that decision at work without asking anyone and will probably find someone to help me out in Sydney. On a personal note, happy to be home rather than on planes, and I can be here for election day.

Thanks for the info, Im looking for the similar answer, just Im here on VAWA self petition, my I-485 was approved last year in September, I received the notice, but the green card is still 4 months on its way. I need to travel too, so this is clarifying the question I had.