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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105568
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am in the US on a E-2 visa. I just married a US born

Customer Question

I am Canadian. I am in the US on a E-2 visa. I just married a US born citizen. Can I travel back to Canada on this type of visa while my I30 and I485 are being processed?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Unfortunately, no. That's not one of the visas that you can use to re-enter the U.S. after you have filed an I-485. If you left the U.S. before the I-485 is approved, you would abandon the I-485 and would normally be stuck outside of the U.S. as they most likely would not let you back in on the E-2 since technically it is a non-immigrant intent visa that is not supposed to allow immigrant intent. They are a little more lenient on that one, but I wouldn't risk it.

Instead, when you file the I-485, file an I-131 Advance Parole with it and once that is approved (it takes about 3 or 4 months), then use that Advance Parole to travel. It MUST be approved before you leave.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

Here is the link to the I-131 Advance Parole that would allow you to travel with an I-485 pending:

http://www.uscis.gov/i-131

If you want help with the forms to make sure there are no delays and that that maybe we can expedite to get the Advance Parole faster, I have a few low cost offers that you may find interesting but I can only talk about them in private and for that, you would have accept the offer that I will be sending you in a moment. If you decide to decline it, that's fine, but please let me know if you need anything else, and please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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