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Can I Travel to My Home Country During My Green Card Application Process?

Help Desk:

I am a foreign student with F1 visa, and had submitted the Form I-130 and Form I-485 applications in two months ago after my marriage with a U.S. citizen. My question is: can I travel to my home country during my Green Card application process as F-1 student? Thanks. 

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Answer:

F-1 visa is a non-immigration visa, the F-1 holder should maintain a nonimmigrant intent throughout their nonimmigrant stay in the U.S. Generally, the nonimmigrant's evidence of immigrant intent, such as Green Card Application, make them difficult to enter the U.S. on a F-1 visa status (with the exception of H and L visas) 

Also, a filing of Form I-485 application may make it difficult, if not impossible, for the F-1 nonimmigrant to prove a nonimmigrant intent and seek a new admission to U.S. But you can apply an Advanced Parole for your international travel after I485 appication.

 

 

 

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