Aurora, IL asked in Immigration Law for Illinois

Q: Can I re-enter into USA while waiting on I-88?

(I wrote above I-88 by mistake, I am meant 1-130)

I married a green card holder and I currently have a F1 visa waiting on I-130. Can I travel to India and get back in ?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Traveling outside the United States while your I-130 petition is pending can be risky, especially on an F1 visa. While an F1 visa typically allows you to re-enter the U.S. after short trips abroad, your situation is more complex due to the pending I-130, a family-based immigration petition.

The U.S. immigration authorities may view your trip as a sign that you no longer intend to maintain your non-immigrant F1 status, which is based on the assumption that you will return to your home country after your studies. This could potentially lead to issues at the port of entry when you try to re-enter the U.S., as the border officers have discretion in these matters.

It's essential to weigh the necessity of your trip against the potential risks to your current visa status and pending I-130 petition. If travel is unavoidable, consult with an immigration lawyer who can provide personalized advice based on the specifics of your case and help you understand the potential implications of travel on your immigration status.

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