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Can we leave USA after applying for I485?

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  • Can we leave USA after applying for I485?

    My employer is planning to apply for green card(I485) under EB1 category. My daughter is in India. She has valid visa(L2), I am planning to get her here and apply for adjustment of status along with my application. But she need to go back to India for studies. Can she leave the country after applying for adjustment of status? if required, she can come back to USA for finger prints.

  • #2
    As long as she is on valid L2 visa, she can go outside the US and come back.

    If not, she needs to get Re-Entry Permit.
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    • #3
      Re_Can we leave USA after applying for I485?

      Thanks for quick response. Generally, how long it will take for finger prints after applying for I485? if we leave the country before finger prints does it impact GC processing?

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      • #4
        Originally posted by BS2106 View Post
        Thanks for quick response. Generally, how long it will take for finger prints after applying for I485? if we leave the country before finger prints does it impact GC processing?
        From the date of receipt for my AOS application to the 797c for biometrics was 10 days
        From the receipt of the 797c to the biometrics appointment was 15 days.
        Here is what you have to remember, it states on the 797c if you miss your appointment its considered abandonment and your case will be closed.

        Good luck.

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        • #5
          I have a valid tourist visa and also in process of I-485

          I am applying through marriage to a USC. I have my EAD card and also I have a valid tourist visa. We want to go to my country for the holidays, my husband and I. Can we go and return without problem? because I remember reading at the USCIS page that when your Adjustment of Status is in progress you can't leave the country because that means you are abandoning your application?

          Thank you!

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          • #6
            Originally posted by CarolinaC View Post
            I am applying through marriage to a USC. I have my EAD card and also I have a valid tourist visa. We want to go to my country for the holidays, my husband and I. Can we go and return without problem? because I remember reading at the USCIS page that when your Adjustment of Status is in progress you can't leave the country because that means you are abandoning your application?

            Thank you!
            You can go if you have an Advance Parole (you said you have an EAD but not if it also serves as Advance Parole, i.e. a combo card, which is an EAD that says "serves as I-512 Advance Parole" on it, or just an EAD without Advance Parole) or if you have H1b, H4, L1, or L2 status. Otherwise, you will abandon your I-485.

            This is my personal opinion and is not to be construed as legal advice.

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