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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 101731
Experience:  Private practice in several areas, including immigration
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My Egyptian husband entered the country on a visitor's visa.

Customer Question

My Egyptian husband entered the country on a visitor's visa. We met and married. Then we apply for permanent residency. He has an issue that he urgently needs to go back to Oman for a very short time (one week maximum). His visitor's visa is still valid.
We asked for an appointment at the local immigration office and was told that since we applied for residency, it canceled his visitor's visa and he would not be allowed back in if he left the country before his travel documents were approved. Is there anything we can do? This matter is very time sensitive and he needs to go in the next couple of days.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; (B) You may or may not see a timer on the question. The site is doing some testing, but do not worry, this timer should not get in our way. The question may be answered sooner than the timer ends, or a little after. The timer may reset or it may not. Point is - I will try and make it work for our conversation; and(C) For the sake of clarity I may break my replies into several parts, so there may be a slight delay between your follow ups and my replies. Ergo, until you see me saying "I am ready to be rated," that means I am still working with you and we have not finished yet.I am sorry to hear about the situation. So I have some good news, and some bad news.Yes, his B2 is cancelled while his I-130/I-485 is pending. The issue is that while it is pending, he cannot leave the country or else it would be considered abandoned. The GOOD news is that he can apply for and receive a travel document that would allow him to travel without the I-130/I-485 being cancelled. This is called an I-131. You can find it here:http://www.uscis.gov/i-131The BAD news is that it can take up to 6 weeks or more to be approved. If the business is too urgent to wait that long, sometimes, one can get an I-131 approved quicker by making an appointment with InfoPass ...https://infopass.uscis.gov/...and they will give one the I-131 then and there. It helps if you already have it filed with USCIS and it's been a few weeks without a reply before the appointment is made and this step is requested. However, some officers will do this and some will not - it is at their discretion. Good luck.Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct.. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.