US Immigration from Australia

Hi everyone!

My window to file my N400 (based on 3 year rule) is opening around the first week of December 2023. Here is my question... and PLEASE don't give me a hard time if this is a dumb question, here i go.

I want to go to Australia to visit my family in September, but i want to go for a few months (less than 6 months). If i leave for Australia in September and then in December fly to Hawaii for a vacation and while Im thete submit my N400 online, before returning to Australia again, is that possible?

I would then return to the mainland US when I get my interview scheduled/ before 180 days have lapsed.

I am aware of the continuous residence requirement and the physical presence requirement.

Thank you kindly for your input!

Hey guys

Do you know if you can visit the US on an ESTA while awaiting your interview for the B2?

I've got an active ESTA and have decided, after already making plans (flights etc) to visit the US on this ESTA that later on it will be best for me to get a B2. I can't do the interview for that until August.

So should I still be ok to travel on this ESTA if I submit my application for the B2 now?

Thanks in advance for any advice!

If visa was 'approved' at interview and i'm still waiting for it (+10 business days) is it possible it's under additional administrative processing without being told?

This is my situation: I've been on H-1B status while waiting for I-485 marriage-based AOS, and have travelled in and out of the country in the past with no issue.

This week, my I-485 was approved, but because the timeframe for I-131 has been so slow, I never received an Advanced Parole document. My wife and I have travel booked in for Mexico in 2 weeks' time, not expecting that my AOS would be approved so soon.

So my question is: Am I still permitted to re-enter the United States from another country using my current, valid H-1B visa stamp? (given that my I-485 is now approved, but I don't have either AP or GC in my possession yet)

My adjustment of status application was received by USCIS on April 21 2022, so 11 months ago. Neither my EAD nor AP have been approved as yet.

Just very recently, my mother back in Australia, has been diagnosed with High Grade Neuroendocrine Cancer. She has started undergoing Chemotherapy treatment 11 days ago, which will be ongoing.

I applied for Emergency Advance Parole, and attended an interview earlier this week. My mother is 81 years old, a widow and lives alone. She will be needing someone to be with her in her home, until a more permanent solution is put into place. As there is absolutely no one in my family that is able to do this, it has been put onto me to be there for her.

My interview with the USCIS was not successful and my application was denied. Their reason? Because my background security check has not yet been completed. This, despite having the correct paperwork, as well as a letter from my mother's Oncologist stating her exact medical diagnosis, treatment and future outlook.

Was their reason a valid one? Is it a viable enough reason to deny an urgent emergency advance parole request?

I am being left with no option than to return to Australia, and therefore abandoning my AOS application. What I need to know is! Will I be able to apply for the Spouse Visa after my return to Australia? If so, how long will I have to wait before being allowed to do so?