Question:
My I-485 adjustment
application is pending. Can I leave the U.S. while waiting for the
Green Card?
Answer:
If your Form I-485
application is pending, and if you have a valid and unexpired visa,
such as H, L, O, K or V visa, then you can travel to outside
of United States.
If you do not have a valid visa, or your visa is expired, before you
leave the United States while waiting to be called in for and interview
on your adjustment of status application, you should apply for a permit
called "Advance Parole," using Form I-131 issued by U.S. Citizenship
and Immigration Services.
If you have not already included the "Advance Parole" form with your
Form I-485 adjustment of status packet, you can submit it separately.
You can avoid paying a separate fee with this I-131 application by
submitting a copy of the Form I-485 receipt notice that you got from
USCIS upon submitting your adjustment application.
If you do not submit Form I-131 application before you leave the United
States, USCIS may consider your application to have been
abandoned, and will stop processing it. You will then be
denied U.S. entry unless you have some other form of visa.
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