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.
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.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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