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I-131 being process can I travel?

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  • I-131 being process can I travel?

    Hello,
    I've just received EAD card today but not a combo. My question is can I leave the country and return while the I485 is in process. I have a Canadian passport but yeh I currently havd had 3 years overstayed. Please advise.

    Thanks

  • #2
    You don't have the parole portion. You won't be allowed back in
    Marriage-based AOS; Concurrent filing I-485, I-130 I-765

    Houston Field Office. Service Center: NBC
    • 07/22/2019 PD Chicago lockbox
    • 08/16/2019 Biometrics done
    • 08/20/2019 Biometrics reviewed
    • 09/16/2019 RFIE for I-864 and birth certificate
    • 10/26/2019 RFIE mailed
    • 10/29/2019 USCIS confirmed receipt of RFIE
    • 11/08/2019 Ready to schedule interview
    • 12/20/2019 EAD card received
    • 2/14/2020 Interview scheduled
    • 3/24/2020 Interview date but canceled due to COVID
    • 3/19/2020 Ready to schedule Interview

    Comment


    • #3
      You need to receive the Advance Parole before you leave. Otherwise you will not only abandon your I-485 but also trigger a ban.

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

      Comment


      • #4
        Originally posted by lesslot View Post
        Hello,
        I've just received EAD card today but not a combo. My question is can I leave the country and return while the I485 is in process. I have a Canadian passport but yeh I currently havd had 3 years overstayed. Please advise.

        Thanks
        Do not leave the country without the I-130!
        Field Office: Hartford, CT
        PD: 5/21/2019
        Filed forms: I-130; I-485; I-765
        B1/B/2 married to USC
        5/21/2019: I-130 and I-484 received
        7/12/2019: fingerprint review complete
        8/29/2019: received rejected form I-485 due to bounced check
        9/11/2019: mailed new I-485 with new check and I-765
        10/22/2019: biometrics complete
        11/22/2019: ready to schedule interview
        12/18/2019: called USCIS and request exp on I-485
        12/20/2019: Expedite received and complete
        12/26/2019: I-765 approved

        Comment


        • #5
          Originally posted by lesslot View Post
          Hello,
          I've just received EAD card today but not a combo. My question is can I leave the country and return while the I485 is in process. I have a Canadian passport but yeh I currently havd had 3 years overstayed. Please advise.

          Thanks
          DON'T make the grave mistake of leaving.
          You can leave the country but you probably WILL not be allowed in because, leaving the country while your I-485 form is being processed is viewed by the Department of Homeland Security 'AS ABANDONING YOUR APPLICATION'. Filing an Adjustment of Status (I-485) does not grant any immigration benefits.

          As a side note, immigrants who previously overstayed are generally not advised to leave the country while their Adjustment of status application is still in process.

          Comment


          • #6
            Thanks guys for inputs!
            I've filed AP I-130 expedite today and faxed in all supportive documents requested.

            Please stay safe
            Last edited by lesslot; 04-22-2020, 01:51 PM.

            Comment


            • #7
              Leaving the country without AP will nullify your pending 485 application. They’ll consider the case abandoned.

              Comment


              • #8
                Why would you leave without AP? I mean it’s common sense.....
                B2; AoS; Same-Sex Marriage:USC
                FO SanFrancisco

                3/30/18 PD
                4/20/18 Received 4 letters
                5/04/18 Walk In Biometrics
                5/14/18 Status update-CaseTracker, "Ready to be scheduled for interview"
                9/08/18 New card being produced-CaseTracker
                9/11/18 EAD/AP approved-uscis.gov
                9/12/18 Received tracking number for EAD/AP card
                9/14/18 Received EAD/AP
                9/17/18 Received Social Sec card
                2/17/19 Traveled abroad
                3/04/19 Paroled back in country using EAD/AP
                3/11/19 Submitted renewal of EAD/AP

                Comment

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