Exiting US without parole (Travel Document) while applying for a green card

[ysmr...@gmail.com]

If I exit US without having a parole (Travel Document to be obtained
with I-131) while I am applying for a green card with I-485, what would
happen to my application? Can I come back to US as a regular visitor
without any problem?

[Sapphyre]

If you exit without an I-131 or Green Card, you've abandoned your US
residency. You cannot return as a visitor with immigrant intent.

There are times when you should not leave the US at all, even with an
I-131 (like if you've overstayed and been out of status before filing
your I-485).

S.

[ian-mstm]

Your application will be considered abandoned and your current status of
"pending AOS" will be lost.

Can you come back as a visitor? Probably yes. Will there be problems?
Probably not, but there might be... it depends on many factors. If you
again want to apply for PR status, you'll still need some basis on which
to apply... and you'll need to start from the beginning... and you'll
need to pay the fees all over again.

Ian

--
Posted via http://britishexpats.com

[Rete]

It will be render your petitions as abandoned. Will you be allowed back
into the US. Depends on the agent at the POE and his/her state of mind
at the time and/or whether you fly under the radar when entering.

--
I'm not an attorney. This disclaimer is valid in NYS!
Posted via http://britishexpats.com

[Folinskyinla]

Hi:

Why do you ask? You don't give the background to your question.

--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com

[nameless]

Is that question for real?

You want to apply for a non-immigrant visa after you've applied for
residency not to mention to even contemplate leaving US without Travel
Document?

Assuming that you are eligible for it, why do you think Travel
Docuement is provided if people adjusting to US residency need to leave
US temporarily and can apply for a visit visa?

Are you wanting to leave US temporarily so that you can act like you
didn't overstay? It's too late for that (your departure record would
be witness) and so why bother to hide now?

[nameless]

You are too nice Ian:) I think fees is the last of his problems. I
think he wants to erase his overstay past by thinking about leaving US
and re-entering.

[olwa...@netcourrier.com]

It clearly is too late for that.

Even if he was to forget to surrender the I-94, and no record were to
be found there, the date he filed the I-485, showed up for biometrics
... are all proof of him being in the US (presumably after the end of
the autorized stay)

[Boiler]

No mention of an overstay.

As others have said on the face of it you can, whether you will get
in depends.

[Folinskyinla]

> No mention of an overstay.
>
> As others have said on the face of it you can, whether you will get in
> depends.

Hi:

Note the OP has not participated in this string -- my question was
simple and he chose not to answer it.

[crg14624]

> No mention of an overstay.
>
> As others have said on the face of it you can, whether you will get in
> depends.

Visitor visas are for non-immigrants. This person has filed paperwork
and paid money to indicate that they want to be an immigrant. The OP is
concerned about the status of their I-485 if they depart/reenter. They
are most definitely an intending immigrant and ineligible for entry as a
non-immigrant with a visitor visa. They may also have a problem with
when they filed the I-485. Even a one-day overstay will have voided the
visa. They shouldn't leave and expect to get back in without an I-512.

[Folinskyinla]

> Visitor visas are for non-immigrants. This person has filed paperwork
> and paid money to indicate that they want to be an immigrant. The OP
> is concerned about the status of their I-485 if they depart/reenter.
> They are most definitely an intending immigrant and ineligible for
> entry as a non-immigrant with a visitor visa. They may also have a
> problem with when they filed the I-485. Even a one-day overstay will
> have voided the visa. They shouldn't leave and expect to get back in
> without an I-512.

Hi:

Again, note that the OP has not participated in her own string. She has
not given any background information. Perhaps the adjustment was
intentionally abandoned and there is a bona fide visit.

Also, it is possible for a person with a green card to obtain a B-2 visa
to visit the United States withOUT abandoning LPR status.

[olwa...@netcourrier.com]

I'm really curious on that one. Can you specify?

[brut...@yahoo.ca]

Same question with little different perspective!!! My AOS is pending
and yet to get AP, have H1B status (not visa) valid till July 2007.

I've been visiting Canada frequently using automatic visa revalidation
before I filed the I-485/131 etc.

Can I visit canada again next week using automatic visa revalidation
given that I'm yet to get the AP document?

Thanks

[crg14624]

You can provided you're totally admissible as an H1 (same job/employer).
You can't be a citizen of a country on the state department list of
terrorist states. You can't seek a visa while in Canada. You need an
I-94. The visa can be expired, but not cancelled. The passport must be
valid. You can't go for more than 30 days.

See 22 CFR 41.112

[crg14624]

> I'm really curious on that one. Can you specify?
>
> Folinskyinla wrote:
> > Also, it is possible for a person with a green card to obtain a B-2
> > visa
> > to visit the United States withOUT abandoning LPR status.
> >
> > --

It's rare and seems totally illogical to issue an NIV to an immigrant.

It's in the FAM.

N12.--Lawful Permanent Resident Issued Nonimmigrant Visitor Visa for
Emergency Temporary Visit to the United States. A lawful permanent
resident may, in some cases, need to get a visa more quickly than
obtaining a returning resident visa would permit. For example: a
permanent resident alien employed by an American corporation is
temporarily assigned abroad but has necessarily remained more than 1
year and may not use Form I-151 or Form I-551 in order to travel to
the United States for an urgent conference and then return abroad.
The alien has never relinquished permanent residence, has continued
to pay U.S. income taxes, and perhaps even maintains a home in the
United States. The alien may be issued a nonimmigrant visa for this
purpose and Form I-151 or Form I-551 need not be surrendered. The
relinquishment of either of these forms shall not be required as a
condition precedent to the issuance of either an immigrant or
nonimmigrant visa unless INS has requested such action.

[brut...@yahoo.ca]

Well, I know the relevant CFR and I also stated in my original post
that I did take advantage of automatic revalidation. But my question
was if I could still use automatic revalidation even after I filed
I-485!

In other words, shall I abandon my I-485 if I go to Canada without AP ?

Thanks again for your input.

[olwa...@netcourrier.com]

H1B and a few other [non-immigrant] visas allow dual intent (i.e.
non-immigrant and immigrant).
As such, you can travel without AP and still keep your AOS alive.
That being said, it only works if you maintained a lawful H1B status
(i.e. you would still legally be in the US even if you wouldn't have
filed AOS)