I-131 and illegally ban

[loay520]

Hi i came to united state as j1 visa then i applied to visa extinction and i had approved for it I've been married for two months and just filed document i-485, i-130 and i-131, i want to go back to my home country to do one semester in my university and get my degree for two months and come back here, I'm scared because I've been out of status for almost a year thats my time frame

06/10/2013 - arrived to US with J-1 Visa
09/10/2013 - applied for visa extension
09/15/2013 - J1 visa expired
10/15/2013 - J1 grace period expired
01/08/2014 - Received approval for change status to B2 valid from 12/28/2013 to 06/27/2014
06/27/2014 - B2 visa extension expired
02/18/2015 - married to us citizen
05/13/2015 - File application to USCIS (i-485, i-130 and i-131)
06/25/2015 - I want to go back to my home country and attend university after being out of status for 363 days
09/06/2015 - scheduled arrive to united state

Im really scared about they ban me to renter united state i have my wife alone here, my lawyer he told me that i can leave and once my wife received work authorization it will be valid for reentry united state and i should not have a problem going back at the border, I've been illegal for almost a year and i didn't received travel authorization yet i should receive the receipts for documents next week, what should i do? i should wait to get my green card first, it will be fine if travel while I'm staying in my home county i will received the work permit and travel document? please advise

[GC0102]

First of all, I-485 is for individuals present inside USA (adjustment of status to Permanent Resident). I never came across any individual leaving country before advance parole document approval (I-131), with no valid visa and one year overstay. Also, you need to go through Biometrics, schedule interview etc. If I was in your place, I will postpone study plans atleast till Advance Parole approval because you been out of status for almost a year.

I can understand Family emergency, but study plans can always be postponed.

[loay520]

Biometric appointment has been scheduled at 06/16/2015 so my updated time line is

06/10/2013 - arrived to US with J-1 Visa
09/10/2013 - applied for visa extension
09/15/2013 - J1 visa expired
10/15/2013 - J1 grace period expired
01/08/2014 - Received approval for change status to B2 valid from 12/28/2013 to 06/27/2014
06/27/2014 - B2 visa extension expired
02/18/2015 - married to us citizen
05/13/2015 - File application to USCIS (i-485, i-130 and i-131)
06/16/2015 - Biometric appointment
06/25/2015 - I want to go back to my home country and attend university after being out of status for 363 days
09/06/2015 - scheduled arrive to united state

Do i have any chance to leave and comeback without any problem? Im gonna lose my degree if i didn't attend my class this year.

[inadmissible]

Please thank poor Mr. & Mrs Arabally for fighting all the way to the Board of Immigration Appeals for you.

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf

Leave if you must, they WILL let you back in. What I would worry about it, what if they call you for your GC interview while you are gone? Is someone able to check your mail regularly, send you a NoA copy, so you can request a rescheduled interview in writing?