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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96406
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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i already appllyed for i 485 adjustment of satus and i 131

Customer Question

i already appllyed for i 485 adjustment of satus and i 131 reentry permit but it is not approved yet and i need to travel for emergency is it ok if i travel and when my husband receive my reentry card he cam send it to me by mail or if i travel they might deny my reentry permit and i get stuck overseas
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

Do you mean your I-485 was APPROVED and after you have filed an I-131 Re-Entry Permit or your I-485 is pending and you filed an I-131 Advance Parole?
Customer: replied 1 year ago.

iam on l1 visa and i applied for i 485 and i 131 for me and my wife and both of them are pending but my wife have to travel cause her mother is having sergery and i will stay here till i get the reentry permit iam affraid that if my wife travel before getting approved they might deney her eentry permit

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That's not a Re-Entry Permit. That is an Advance Parole. Even though it is the same for, an I-131, they are two different things. The Advance Parole is done before obtaining Lawful Permanent Residency. The Re-Entry Permit is done after. Unfortunately, if she leaves the U.S. before the Advance Parole is approved, she effectively abandons her I-485. She can have the I-130 approved, but for you to bring her back to the U.S. you would have to file an I-824 and then wait about 6 to 9 months for consular processing where she would basically be stuck outside for that time. The only thing I could recommend at this point is goint to:

http://infopass.uscis.gov/

and making an appointment to speak to a U.S. immigration officer in time and ask them what they can do to expedite the currently pending I-131 Advance Parole and show medical proof of the issue of her mother. They may be able to get an expedited approval for her so that she can traval and not abandon her I-485. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96406
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you for your replay my last question she already had l2 approvel till october 2014 if she travels can she go to the consulate and make the interview to stamo the new l2 visa in her passport that way she can enter the usa

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
If you are still on L-1, then she could come back on an L-2 and not abandon the I-485. But you have to still be on L-1. It is risky.

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Attorney At Law
35240 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.