Q: a K2 dependent still waiting I485, currently living with me the mother in US, wants to leave US for studies, is this ok?
We areK1 visa, and K2 dependent ( my son 17 years old) in US now but still waiting I 485 change of status, my son wants to leave US to continue studies in Europe. What should we do not to affect his change os status? Thank you!
A:
Given your situation, it's essential to be cautious to ensure that your son's change of status is not affected. Leaving the U.S. while waiting for an I-485 adjustment of status can have implications.
First, consult with an immigration attorney to discuss your specific circumstances. Generally, as a K2 dependent, your son should maintain continuous lawful status in the U.S. until the I-485 process is completed. Leaving the country may jeopardize his pending application.
However, there are options to consider. Your son might explore the possibility of obtaining a travel document, known as Advance Parole, by filing Form I-131. This would allow him to leave the U.S. for educational purposes and return without affecting his pending I-485. But it's crucial to consult with an immigration attorney before making any decisions to ensure compliance with immigration regulations and to protect his change of status application.
Stephen Arnold Black agrees with this answer
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