J-1 travel prior to GC interview

[babyv3 0]

Hi all,

Could anyone help me with some doubts I am now having: I have done my biometrics and am scheduled to have an interview for a marriage-based AOS in January. I am traveling home (to Europe) for Xmas. Since my current J-1 visa is valid til February, I thought I could travel on the J-1 visa until I get my GC. I have just heard this may be incorrect and would count as 'abandoning' the process. Please could you advise for someone on a current J-1 visa?

Many thanks,

~worried in Philly.

[hmh33 117]

If you leave the country before you are approved for either advance parole or adjustment of status, the adjustment application will be considered abandoned and you won't be allowed back in without an immigrant visa. (another long, expensive process)

Did you file I-131 to apply for advance parole? You could have filed that for free in the same package as your I-130 and I-485. You can still file it for free if you include a copy of the receipt notice from your I-485, but it's too late to do that for a Christmas trip, because it takes a couple of months to be processed. In fact, by this point it's likely that you'd get the green card before the advance parole would be approved, rendering it moot.

It's possible to apply for expedited or emergency advance parole but a vacation to visit friends and family doesn't qualify.

Conclusion: If you didn't already file I-131 with your adjustment of status package, you should cancel your travel plans. Sucks, but at least you didn't already leave!