Legal Question in Immigration Law in Georgia

Immigration process and travel

I am a British citizen and was married to a US citizen July 17th. I am living in the US with my wife, and we have filed forms I-130 (petition for alien relative) and I-485 (to adjust status). We would like to move to the UK for a couple of years to live and work but want to have the option to return to the US and settle here. I believe that if we leave the United States at this stage of the process for any length of time, it may jeopardize my application to adjust my status and register permanent residence in the U.S.A. This is despite my being lawfully present in America at the time when I originally filed the aforementioned forms. If we leave now and end or interrupt the Visa process, will we be able to return in a couple of years and start the process again or will I be refused re-entry to the U.S.A.?


Asked on 3/30/05, 3:18 pm

1 Answer from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Immigration process and travel

If you leave during the I-485 process, you will need to apply for an advance parole so that your adjustment process will not be jeapardized.

Suppose you leave with a valid advance parole, you need to come back to US soon for the adjustment interview.

Suppose your green card is approved and then you leave US and stay out of the country for a prolonged time (more than 1 year), then you will risk being deemed to have abandoned your green card.

If you are lawfully present in the US and don't have any violations of immigration law, one option is to withdraw the I-485 and then apply for your immigrant visa later when you decide to come back to US.

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Answered on 3/30/05, 3:30 pm


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