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Re-entry by L1 visa while the Form I-485 is pending

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  • Re-entry by L1 visa while the Form I-485 is pending

    I've just applied for an advance parole. But few weeks ago I traveled outside of the US by L1 visa which is still valid. Does it mean that my I-485 is abandoned?



    If You Need to Travel

    If you need to leave the United States temporarily while your Form I-485 is pending, please see the instructions for Form I-131, Application for Travel Document, for more information. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application. For further information, see our Travel Documents page.

    Thank you in advance.

  • #2
    From the I-485 instructions document:
    If You Leave the United States While Your Application Is Pending
    If you are applying for adjustment of status under INA section 245, and you travel anywhere outside the United States
    (including brief visits to Canada or Mexico) while your application is pending, USCIS will deny your Form I-485 unless:
    1. Before you leave the United States, you obtain a grant of advance parole by filing Form I-131, you depart and return to a U.S. port of entry while the Advance Parole Document is valid, and you are paroled into the United States upon your return; or
    2. 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.
    Your L1 is still valid, so you can travel without first getting the AP.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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