Harrington Park, NJ asked in Immigration Law for New Jersey

Q: Is it safe for me to travel outside of the US for about a month if i131 (advanced parole) is approved?

I am currently planning on visiting South Korea this winter in need of completing my physical test for the military. It is mandatory for Korean to serve for the military for 18 months, and I am required to have my physical test done in South Korea. I was going to travel outside of the US with a valid visa, but everyone and even USCIS say I need to have a valid approval from USCIS. My current status is that I have done my fingerprint and been waiting for the interview to be scheduled. I am applying for the green card with my L2 visa. My question is, even if my L2 visa is canceled and I need to apply for F1 visa (I am attending to the college this fall), whether I still can make my green card not be abandoned after the a month of visitation with i 131. I have seen some cases that green card is abandoned even if you have an advanced parole. I was wondering if it happens rarely or frequently. Do you think it is feasible to have it approved by November? I saw that it usually takes 3 months.

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2 Lawyer Answers
John Alexander Bates
John Alexander Bates
Answered
  • Immigration Law Lawyer
  • Bridgeport, CT

A: If you apply now and request the advanced parole, it should be processed in time (no guarantees). Generally, if you get advanced parole and take a short trip, you should be fine.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Normally an approved advance parole document is sufficient for returning to the US after temporary travel abroad. An approved nonimmigrant visa of any kind might allow you to reenter the US, but it won’t necessarily keep the government from denying your adjustment application because of abandonment. You should be able to reenter with no issues, provided you have no other grounds of inadmissibility.

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