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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102597
Experience:  Private practice in several areas, including immigration
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I just apply , also permit , and i request

Customer Question

I just apply for I485 , also for work permit , and i request a I131 travel documents .
i can leave usa and wait in other country until i receive the permit for travel ? when my friend will received it in usa he will ship it to me
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, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature. I am sorry, but generally speaking, one cannot leave while the I-131 is being processed. Doing so would mean abandonment of the I-131 as well as the I-485. I know what you are asking, but the I-131 does not count from time of being filed, but from time of being approved.If in a pinch, then someone in your situation may wish to make an INFOPASS appointment (let me know if you need to know how) and explain the situation and that the I-131 is not being approved fast enough. In their discretion, InfoPass agents have been known to fast-track an Infopass or simply provide one to the applicant in the meeting (in dire circumstances). While not common, this is still a possibility.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.
Customer: replied 2 years ago.
If I will take the change and leave . My option it to come back. To USA with my b-2 visa or with my travel permit when they will send it : what you think about that ? They will make me a problem when I iwll enter to USA?
Expert:  Ely replied 2 years ago.
The B2 visa is a non-immigrant visa, meaning that it is for non-immigrant purposes. Seeking immigration while on a B-2 visa is called dual intent, and not allowed.
When one applies for an I-485, the presumption that one wants to seek permanent residence applies. While USCIS tends to overlook this while one is inside USA already, if one leaves and then attempts to reenter, ICE/CBP may very well cancel your B2 visa and disallow re-entry since you recently had an I-485 petition which violates the no-dual intent doctrine of the B2 visa.
So - not recommended.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.