Can I leave the US while my joint i-130 and i-485 are pending? 11 Answers as of August 28, 2013

I'm an international student on an F1 visa to the US valid for another 10 months. I'm married to an American citizen, my husband and I are filing the i-130 and 1-485 jointly, and are wondering if I can travel abroad in the meantime? If not, can I request advance parole (i-131) even if there's no emergency (just to visit my family)? If not, do I have to wait to receive the actual green card before I can travel abroad? Thank you for your assistance.

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Law Office of Adebola Asekun | Adebola O. Asekun
You can request an advance parole while your Form I-485 adjustment of status is pending. But in interest of caution, overseas trip while a status application is pending is discouraged for an applicant with previous immigration violations which may potentially render such applicant inadmissible. You may travel if you are certain that you have not violated an immigration law that may render you inadmissible when you return to complete your adjustment application processing. Not all violations of immigration law are obvious and so, it may be wise for you to either remain in the US until your case is concluded or consult with an experienced attorney before your overseas trip.
Answer Applies to: New York
Replied: 8/28/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You cannot leave and re-enter with your student visa. This will result in a finding that you abandoned your status. If you have not violated your student visa status, you can request advanced parole. Advanced parole is at the discretion of USCIS. I would advise against travel unless there are urgent reasons until you have the green card or at least the green card stamp in your passport.
Answer Applies to: New York
Replied: 8/28/2013
Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
You can request advanced parole most applicants submit the I-131 along with the I-485. Simply state your reasons and dates of travel. Submit any evidence to support your reasons for travel, as necessary. The USCIS indicates that "If an alien with a pending Form I-485 requests an advance parole document, and USCIS grants it, USCIS normally issues a 1-year, multiple-use advance parole document. If the alien leaves prior to issuance of the advance parole document, his or her application for adjustment of status will be considered abandoned."
Answer Applies to: Maryland
Replied: 8/28/2013
Walker & Ungo Law Firm
Walker & Ungo Law Firm | Gabriela Ungo
You should file an I-131. If you depart the U.S. before an application for Advance Parole is approved, your I-485 will be considered abandoned and your case will be denied.
Answer Applies to: Mississippi
Replied: 8/28/2013
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Do not travel without getting advance parole, which you should request in your I-485 package. I always recommend waiting for the green card before traveling.
Answer Applies to: California
Replied: 8/28/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You should not leave until you receive your travel document. Apply for it with your I-485
    Answer Applies to: Michigan
    Replied: 8/28/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You must first obtain advance parole before you can leave. You will abandon your adjustment application if you depart without it and will likely not be able to return on your student visa.
    Answer Applies to: California
    Replied: 8/28/2013
    Law Office of Eric Fisher | Eric Fisher
    Only if you receive a travel document from USCIS granting advance parole. You can file the I-131 application with the I-485, or provide the I-485 receipt notice with the I-131 to avoid paying the I-131 filing fee.
    Answer Applies to: Colorado
    Replied: 8/28/2013
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    You can travel, but only using advance parole. Read the rules to I 131.
    Answer Applies to: New York
    Replied: 8/28/2013
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    By law, you must apply for and be granted advance parole before traveling abroad while your I-485 application is pending, otherwise USCIS can deem that you have abandoned your application and deny your case.
    Answer Applies to: Texas
    Replied: 8/28/2013
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    Do not travel. You should wait until you have either your travel permit or green card. Both take about 2 to 3 months to get (assuming there is no emergency).
    Answer Applies to: California
    Replied: 8/28/2013
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