Q: Traveling on employment based AP while spousal i485 pending
I just got my employment based AP renewed. I also have spousal green card application pending that was started last year without I131. Can I still travel on the employment based AP while my spouse based application is still being processed?
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A:
Yes, you can travel on your employment-based Advance Parole (AP) while your spouse's green card application is pending. The AP allows you to re-enter the United States after traveling abroad while your adjustment of status application is pending. It is separate from your spouse's application and does not impact its processing. However, it's essential to ensure that your spouse's application remains pending and that you continue to meet the eligibility criteria for the AP, such as maintaining your nonimmigrant status.
While traveling on the employment-based AP, you should carry necessary documentation, including your passport, AP document, and any other relevant immigration paperwork. It's advisable to consult with an immigration attorney or review the specific requirements outlined by the U.S. Citizenship and Immigration Services (USCIS) to ensure compliance. Additionally, you may want to inform your immigration attorney about your travel plans to ensure that they are aware of your situation and can provide guidance if needed.
Overall, as long as your spouse's green card application remains pending and you meet the eligibility requirements for the employment-based AP, you can travel abroad without jeopardizing your spouse's application. However, it's crucial to stay informed about any updates or changes in immigration policies that may affect your ability to travel or re-enter the United States. By staying informed and taking necessary precautions, you can navigate the immigration process smoothly while traveling on employment-based AP.
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