Q: My Argentinian wife & I (USC) filed for her status change from L1 Visa to Green Card via marriage. Travel Restrictions?
We married 06/10/20 & our application was received 06/29/20 by USCIS. Her L1 visa with her employer expires Oct. 2023 & her current i94 expires Oct. 2021. Her company sold her department to another company & there is a chance either 1) the new company cannot swap over her visa & she gets laid off OR 2) the L1 Visa is swapped over if she gets a new position. Prior to her transferring to the USA 2.5 yrs ago she also applied for a tourist visa that is still valid. The questions are:
1. Can she leave the country while the visa is still processing? Since she hasn’t gotten her parole documents yet what happens if she is laid off while traveling?
2. If she is laid off - which invalidates the visa, can she leave & re-enter the country with either the L1 visa or the tourist visa? We ask this one because our thoughts are that she can leave the country & as long as she enters lawfully, she can stay while the case is being adjudicated. We are VERY worried about her remaining in lawful status.
A:
0629/20 Application for what? Did you file the I-130 and I-485?
Are you a USC or LPR?
She can leave but she may not be admitted back into the USA if she no longer has a valid visa.
Withjout parole she may be considered to have abandoned her I-485 and be required to go through consulate processing.
It is not likely she will be admitted into the USA on tourist visan since she has shown immigrant intent.
Scenarios like this with many questions and facts should be discussed with an experienced immigration attorney.
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