Leaving the country

[sebgu 0]

Hi,

I got married about 4 months ago. My wife is a US citizen and I am originally from Germany.

About two months ago I filed all the necessary paperwork to get my green card.

My problem now is that I want to visit my parents in a couple of months; however, as I told my friend about my plans (who was born in Canada), she said that I cannot leave the country for about 3 years after I filed for my green card. Is that true? I would like to go home and visit my parents every now and then. Is there a possibility, if her statement is true, to obtain some sort of exception from the government to leave the country for a specified amount of time?

Thank you for your help,

Sebastian

[corinne from oz 0]

Hi,

I got married about 4 months ago. My wife is a US citizen and I am originally from Germany.

About two months ago I filed all the necessary paperwork to get my green card.

My problem now is that I want to visit my parents in a couple of months; however, as I told my friend about my plans (who was born in Canada), she said that I cannot leave the country for about 3 years after I filed for my green card. Is that true? I would like to go home and visit my parents every now and then. Is there a possibility, if her statement is true, to obtain some sort of exception from the government to leave the country for a specified amount of time?

Thank you for your help,

Sebastian

Hi Sebastian,

I remember a couple of years back when I was in the US and my hubby and I were thinking of filing then. I was still working for a company in Australia on contract and had concerns that I could not return to Australia to finish work and then re-enter US. I actually went to the DHS and they told me that if I file I-130, there is another form that can be filled out to request permission to leave US and re-enter - though it had to be for good reason i.e. work or ugent personal issues etc. I was also told this by an immigration attorney. Also, they said it took about 4 months to process. I am sorry, but I can't remember the number of the form but it does exist.

However, I would suggest that unless its an urgent family issue, perhaps have your parents come visit you in the US until you can get a temporary resident re-entry visa.

Good luck with it all.

[Minya's wife 25]

Hi,

I got married about 4 months ago. My wife is a US citizen and I am originally from Germany.

About two months ago I filed all the necessary paperwork to get my green card.

My problem now is that I want to visit my parents in a couple of months; however, as I told my friend about my plans (who was born in Canada), she said that I cannot leave the country for about 3 years after I filed for my green card. Is that true? I would like to go home and visit my parents every now and then. Is there a possibility, if her statement is true, to obtain some sort of exception from the government to leave the country for a specified amount of time?

Thank you for your help,

Sebastian

Did you also fill out and send in the I-131 Travel Document when you sent in your AOS application? If so, you can leave the country when you have in hand the approval for the I-131 or the green-card itself. If you leave without either the Travel Document (refered to sometimes as advanced parole) or the greencard, you could be considered as having abandoned your adjustment of status, and you'll have to start all over with a spousal visa, to come back to the US.

-P

[sebgu 0]

Hi,

I got married about 4 months ago. My wife is a US citizen and I am originally from Germany.

About two months ago I filed all the necessary paperwork to get my green card.

My problem now is that I want to visit my parents in a couple of months; however, as I told my friend about my plans (who was born in Canada), she said that I cannot leave the country for about 3 years after I filed for my green card. Is that true? I would like to go home and visit my parents every now and then. Is there a possibility, if her statement is true, to obtain some sort of exception from the government to leave the country for a specified amount of time?

Thank you for your help,

Sebastian

Did you also fill out and send in the I-131 Travel Document when you sent in your AOS application? If so, you can leave the country when you have in hand the approval for the I-131 or the green-card itself. If you leave without either the Travel Document (refered to sometimes as advanced parole) or the greencard, you could be considered as having abandoned your adjustment of status, and you'll have to start all over with a spousal visa, to come back to the US.

-P

No, I did not send the I-131 with my application. At that time I did not think about going home. Right now I am still on my F-1 student Visa. So that means that if I want to leave the country I would have to file the advanced parole document? I do not think that my application has even been processed yet since the check has not been cashed.

I figure I could just leave for about 2-3 weeks and then come back with no problem.

Guess I was wrong. But at least I found out before I left

[sebgu 0]

Sorry, I didn't find an edit button .

I was wondering If I could go to Canada or if that is considered abroad as well, since the US and Canada have a pretty good relationship

[Minya's wife 25]

Hi,

I got married about 4 months ago. My wife is a US citizen and I am originally from Germany.

About two months ago I filed all the necessary paperwork to get my green card.

My problem now is that I want to visit my parents in a couple of months; however, as I told my friend about my plans (who was born in Canada), she said that I cannot leave the country for about 3 years after I filed for my green card. Is that true? I would like to go home and visit my parents every now and then. Is there a possibility, if her statement is true, to obtain some sort of exception from the government to leave the country for a specified amount of time?

Thank you for your help,

Sebastian

Did you also fill out and send in the I-131 Travel Document when you sent in your AOS application? If so, you can leave the country when you have in hand the approval for the I-131 or the green-card itself. If you leave without either the Travel Document (refered to sometimes as advanced parole) or the greencard, you could be considered as having abandoned your adjustment of status, and you'll have to start all over with a spousal visa, to come back to the US.

-P

No, I did not send the I-131 with my application. At that time I did not think about going home. Right now I am still on my F-1 student Visa. So that means that if I want to leave the country I would have to file the advanced parole document? I do not think that my application has even been processed yet since the check has not been cashed.

I figure I could just leave for about 2-3 weeks and then come back with no problem.

Guess I was wrong. But at least I found out before I left

If you've applied for AOS, based upon your marriage to a US citizen, I believe your 'immigration' status is pending adjustment to resident...so using a multiple entry F-1 to re-enter the country after applying for residency but without having advance permission to re-enter, could be constituted as fraudulent. I could be wrong...perhaps someone who knows more can chime in...but if you'd like to go visit your parents, you can apply for the AP or have them come visit you at least until your greencard is approved. Afterwards, you can go visit to your heart's content.

-P

Sorry, I didn't find an edit button .

I was wondering If I could go to Canada or if that is considered abroad as well, since the US and Canada have a pretty good relationship

The emphasis here is not where you go...it is on leaving the US, and more importantly re-entering after having been gone.

-P

[moonhunt 1]

Sorry, I didn't find an edit button .

I was wondering If I could go to Canada or if that is considered abroad as well, since the US and Canada have a pretty good relationship

Visiting Canada is considered as visiting foreign country.

They have NAFTA to treat each other's citizen and permanent resident specially, but you are NOT US citizen NOR permanent resident, yet.

Edited March 12, 2009 by moonhunt

[lucyrich 20]

Canada is definitely outside of the USA. If you go to Canada, from US immigration standpoint, it's the same as going to any other country. You may not be allowed back in.

After you have a green card, you can leave and re-enter the US as often as you wish. You must maintain your primary residence inside the US, however. If you're going to be gone for six months or longer, check to see about the implications of abandonment of status, or the implications it might have toward getting citizenship one day. But an occasional short (couple months or less) vacation to visit relatives abroad isn't a problem at all. And a quick trip to Canada is not an issue.

But before you have a green card, there are two issues you have to worry about. First, will leaving the US cause you to abandon your adjustment of status, and second, will you have a legal basis on which to re-enter the US.

Under the logic of immigration laws, adjustment of status means you have to take one existing non-immigrant status and convert it to LPR (green card) status. However, under the law, normally any non-immigrant status is terminated the instant you set foot outside the US. Thus, by leaving the US, you lose the status that you were attempting to adjust, and the adjustment of status can't be completed.

If you have an advance parole document in hand before you leave, that generally takes care of the problems with abandonment of your adjustment of status. If your visa still allows you to re-enter, you're probably ok. But if your visa expired, or if you no longer meet the requirements to enter on your original visa (for example if you're no longer in school but you're here on an F-1 visa), check to see if you'll be allowed to re-enter. If you have overstayed an old visa and accumulated significant time in the US without legal status, then leaving the US may subject you to a lengthy bar to re-entry, regardless of whether you've got advance parole.

If that's not completely clear, and if you still want to leave the US before getting a green card, it may help to sit down and have a one-hour consulation with an immigration attorney before you leave the US.

Or alternatively, just wait until you have your green card in hand before leaving the US.

Edited March 12, 2009 by lucyrich

[Stella08 0]

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Advance Parole

Most aliens who have pending applications for adjustment of status need to obtain an advance parole document in order to leave the United States without abandoning the pending application and to return to the United States after traveling abroad. An advance parole document is issued solely to authorize the person who travels to a U.S. port of entry to seek parole into the United States to await the adjudication of the pending application.

An advance parole document does not permit a nonimmigrant who has a pending application for a change of nonimmigrant status or for extension of nonimmigrant stay to travel abroad without abandoning the application. If a nonimmigrant leaves while a change of status or extension of stay application is pending, the application is abandoned.

An alien’s application for an advance parole document on the basis of a pending application for adjustment of status must be approved prior to leaving the United States. Whether to grant advance parole is a matter of USCIS discretion. 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. There are certain exceptions to this consequence as listed below.

The following individuals, who have a pending application for adjustment of status, may depart the United States without an advance parole document and without having their adjustment-of-status application considered abandoned:

Individuals in H-1B (Specialty Workers) and L-1 (Intracompany Tranferee) status, and their dependents (H-4 and L-2), who maintain their status and possess valid visas;

Individuals in V-2/3 visa status who maintain valid V nonimmigrant status and possess a valid V visa or who will obtain a V visa before applying for readmission to the United States;

Individuals in K-3/4 nonimmigrant status who have maintained their status and possess a valid nonimmigrant visa or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the United States. (Note: Upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to be eligible for that status.)

Refugees and asylees who have applied to adjust to permanent resident status under section 209 of the Act may travel outside the United States on a valid Refugee Travel Document and do not need to apply for an advance parole document.

In certain circumstances applicants for other immigration benefits, such as under NACARA, HRIFA, or Temporary Protective Status, may be able to obtain an advance parole document.

Aliens in the United States should, prior to departure, obtain an advance parole document in order to return to the United States after travel abroad if they have:

Filed an application for adjustment of status but have not received a decision from USCIS;

Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; or

An emergent personal or any other non-emergent bona fide reason (such as a need for business travel) to travel temporarily abroad.

Any person who is in the United States, but has accrued at least 180 days of unlawful presence, should carefully consider whether to leave the United States with an advance parole document. As discussed earlier, leaving the United States may make the person inadmissible to the United States. Even if the person is paroled into the United States upon return, the alien may no longer be eligible for adjustment of status.

Beneficiaries outside of the United States seeking parole due to extraordinary, emergent, humanitarian circumstances should mail Form I-131 to the following address:

U.S. Citizenship and Immigration Services

Attn: Chief, International Operations Division (Humanitarian Parole)

20 Massachusetts Avenue, NW, Room 3300

Washington, DC 20259

USCIS generally will not grant an advance parole document to an alien who is in the United States if the alien is:

In the United States illegally;

An exchange alien subject to the foreign residence requirement; or

In exclusion, deportation, removal, or rescission proceedings.

Please note that issuance of an advance parole document does not guarantee admission into the United States. In fact, an alien who has an advance parole document will generally be paroled into the United States, rather than admitted. Aliens with advance parole documents are still subject to immigration inspection at the port of entry. A separate decision whether to parole the alien is made each time the person presents himself or herself for inspection at a port of entry with the advance parole document.

If an applicant is granted an advance parole document, but is determined upon return to the United States to be inadmissible (and parole is not appropriate), he or she will be placed in removal proceedings challenging their admissibility.

For more information on Advance Parole, please read our Travel Advisory.

[sebgu 0]

Three days ago I got an early christmas present.

Nine months after filing 10 pounds of paperwork, one biometrics appointment, a medical checkup, and an interview (which went rather smoothly, very nice IO, took about 15 minutes) later, I finally received my GC in the mail.

So I thought I would share these fortunate news with you and again thank you for all your help with the questions I had.

Sebastian

[NickD 203]

Hi,

I got married about 4 months ago. My wife is a US citizen and I am originally from Germany.

About two months ago I filed all the necessary paperwork to get my green card.

My problem now is that I want to visit my parents in a couple of months; however, as I told my friend about my plans (who was born in Canada), she said that I cannot leave the country for about 3 years after I filed for my green card. Is that true? I would like to go home and visit my parents every now and then. Is there a possibility, if her statement is true, to obtain some sort of exception from the government to leave the country for a specified amount of time?

Thank you for your help,

Sebastian

This is the US citizen section, you are in the AOS stage, that twilight zone of coming here and not being able to do a damn thing until you get your green card. Most of us have been through that.

You can travel freely once you get your green card as long as you have a valid foreign passport, but if planning on USC, there are limits as to how long you can stay away. You will need both your foreign passport and green card to get back in, if you are from a country that requires a US visa, you no longer need that visa, but you sure need your green card.

You can work and travel just like a LPR provided you apply for a travel document, form I-131 with a 305 buck price tag and to work, you need an EAD card by filing for a I-765 with a 340 buck price tag. We applied for both for my wife while waiting for her conditional green card, you don't even get a permanent that is now a ten year card. But really question now if it was worth the money, took the USCIS so long to process her travel and work document was only a couple of months later she received her conditional green card. At that time her travel and EAD cards were worthless.

You are not free until you get your USC and that can be four years away, clock starts ticking when you get your green card, then it's three years less 90 days when you can apply. Seems like forever looking forward, but the time went pretty quickly when looking back.

[Kathryn41 3,207]

Moved from US citizenship forum to AOS forum as more appropriate location to get useful advice