Q: Reentry to the US with pending Consular Processing and F1 visa

A: If you are a student with a valid F1 visa and an active I-20 form, you generally have the ability to travel outside the United States and re-enter to continue your studies, as long as your student status remains in good standing and your visa has not expired. However, your situation involves the additional factor of pending consular processing for an immigrant visa, which could complicate matters.

Before planning any travel, you should consult with your university's international students' office or a legal advisor well-versed in immigration law. They can provide personalized advice based on the specifics of your case. It's crucial to ensure that your reentry into the U.S. on an F1 visa does not conflict with your immigrant visa application, as this could impact your eligibility for adjustment of status.

Finally, remember to carry all necessary documentation, such as your valid passport, F1 visa, I-20 form, proof of enrollment, and any correspondence regarding your immigrant visa application when traveling. This will help streamline the process when you arrive at U.S. Customs and Border Protection. Be prepared to explain your intention to return to the U.S. for your studies and your plans regarding the immigrant visa application.

A: You can travel outside the country, however, there is no guarantee that you will be granted admission into the US. If you are questioned by CBP officers, you may need to explain your situation. They may find out that you have a pending DS-260 and therefore an immigration intent. In this case, they may deny you entry for not having the required intent to return to your home country upon completion of your studies. It is a risk to travel outside the US and come back; upon return you may be questioned or may not.