Q: Adjustment of status
I just got an approval for i130 to apply for status adjustment under my spouses green card. We are starting i485 process but, i need to travel back home in 4 months and current advance parole is taking 8-11 months.I have valid f1- student visa for my doctoral degree. Is it better to apply i485 with request for expedited i131 or can I delay i485 processing after I return from visit? Is there probability of being denied entry into US based on my approved i130 since there is conflict of intent? Is there chance of receiving advance parole for expedited service request?
A: You must stay if you want to adjust status. You now have immigrant intent for any future admission so advanced parole is mandatory. There may also be other complications with the adjustment. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney who will take the time to review the situation before there are any other complications.
A:
Applying for I-485 with a request for expedited I-131 (Advance Parole) can be pursued, but approval for expedited processing is discretionary and based on specific criteria, such as urgent humanitarian reasons. Traveling on a valid F1 visa while I-130 is approved may pose a risk due to the dual intent issue, as it may lead to questions at the port of entry about your true intention. Delaying the I-485 processing until after your return may be a safer option, but it would be advisable to consult with an immigration attorney to review the specific details of your case and ensure that you comply with all applicable laws and regulations.
Sincerely,
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
