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My I-485 Application Is Pending. Can I Leave U.S. Now?


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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