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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108991
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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While applying Card can you leave the USA

Customer Question

While applying for a Green Card can you leave the USA
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.

It depends. There are two types of status that allow travel while the I-485 is in process. What is the current status of the person that wishes to travel?

Customer: replied 1 year ago.
The person is a British passport holder who is applying for a US Green Card. He has been told that while he is processing this he cannot leave the US.
He is an entertainer and we are trying to get him to Dublin Ireland for an event we are arranging
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, he would have to be either on H-1B status or L-1 status to be able to travel out of the U.S. while the I-485 is pending and not abandon it. If he is only on ESTA Visa Waiver or any other status that is not H-1B or L-1, then he has to wait for an I-131 Advance Parole to be approved before he can leave the U.S. and not abandon the I-485. Normally, one files the I-131 and I-485 together because there is no additional fee for the I-131 as it is included in the fee for the I-485. If one was filed, then it will take probably 2 to 4 months after it has been filed to get an approval. The I-131 can be expedited if there is an urgent reason. Here is a link:

http://www.uscis.gov/forms/expedite-criteria

And here is a link to the I-131:

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

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 even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.

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