Do F-1 holders need to file I-131 advance parole?

[brv024]

Hi,

I am an F-1 visa holder (valid until 2012) applying for GC based on marriage to a US citizen. I'd like to apply right away but will need to travel abroad during the summer.

I looked through the instructions for the i-131 advance parole document, and it says that people with valid H, L, K, or V visas needn't apply. But nowhere does it say anything about students.

My F1 visa should allow me to re-enter the country. But my concern is that USCIS shouldn't close my application when I'm out of the country, thinking I've abandoned it. I've tried calling USCIS but I can't get through to a human to speak to about this. Any suggestions?

Thanks,
BV

[aaydrian]

Yes you need I-131

Please read the forum, this question has already been answered.

Well H, L are dual intent visa and the rest are immigrant visa's. F-1 is a student non dual intent visa. Thus if you file I-485 without I-131 and leave the country, USCIS will deem it as abandonment of Status. So you should file I-131 if you plan for a vacation.


Disclaimer: I am not an attorney, use any advise at your own risk.

[brv024]

Thanks very much!