Petioning Permanent Resident for current F-1 visa holder

[Ricardo71 0]

Hi to everyone.

I am a naturalized citizen. My wife who is a permanent resident has petitioned for permanent residence for both her daughter and son who are also over 21 years of age. Her son is currently an F-1 Visa holder in college in the U.S.

My question is: If he needs to travel outside the U.S., will the Petition for Permanent Residence already filed be considered abandoned or can he still travel and come back to study (3 more years approx.) without affecting the permanent residence petition?

09/09/2010 - Received I-797 Notice of Action, receipt of I-130 Petition for Alien Relative

Thanks.

[Bobby+Umit 161]

Does he have a pending 485?

[Ricardo71 0]

Does he have a pending 485?

No, just the I-130 has been sent and received. The application is under initial review.

[Bobby+Umit 161]

No, just the I-130 has been sent and received. The application is under initial review.

Ok - that is not the adjustment paperwork- so he is free to leave the US (within the constraints of his existing visa)

The I-130 just makes a visa number available. You would need the 485 to adjust the status to LPR (which would require an AP to leave while that one is processing, depending on the current visa held).