| Q. |
Entering US with 1 week left on H-4 visa
My wife and kids will be traveling out of the country next month. We all have pending I-485 for more than a year but we don't have any travel document and they will be traveling with their H-4 visa.
However, on the date of their return, only one week will be left on the H-4 visa before expiring. Could this be an issue at the port of entry?
Thanks in advance.
User's Location:
Chicago, Illinois, United States of America
Category:
Employment-based Green Card
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| A. |
If you travel without a travel document you will abandon your adjustment of status. I do not advise travel unless you have a travel document in hand. In other words, do not travel if you do not have to. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
>
> If you travel without a travel document you will abandon your adjustment of status.
>
Gregory,
Thank you for the answer, but I'm confused by this statement of yours. Many of my friends have travelled on valid H-1 or H-4 visas with AOS pending and without travel documents. When I say travel document, I am referring to the Advance Parole (I-131) document.
Saloni M. |
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| A. |
I guess I was assuming you were going with them. If so you're risking the interpretation of : "upon returning to this
country, the alien remains eligible for H
or L status, is coming to resume
employment with the same employer for
whom he or she had previously been
authorized to work as an H–1 or L–1
nonimmigrant, and, is in possession of
a valid H or L visa (if required). (see below).
If you trust their interpretation, then travel. I would go with the conservative approach.
If it is just your family traveling on h-4 then technically they should be ok to re-enter as per below. But make sure they can prove you are still working for the H-1 company.
(C) The travel outside of the United
States by an applicant for adjustment of
status who is not under exclusion,
deportation, or removal proceeding and
who is in lawful H–1 or L–1 status shall
not be deemed an abandonment of the
application if, upon returning to this
country, the alien remains eligible for H
or L status, is coming to resume
employment with the same employer for
whom he or she had previously been
authorized to work as an H–1 or L–1
nonimmigrant, and, is in possession of
a valid H or L visa (if required). The
travel outside of the United States by an
applicant for adjustment of status who
is not under exclusion, deportation, or
removal proceeding and who is in
lawful H–4 or L–2 status shall not be
deemed an abandonment of the
application if the spouse or parent of
such alien through whom the H–4 or L–
2 status was obtained is maintaining H–
1 or L–1 status and the alien remains
otherwise eligible for H–4 or L–2 status,
and, the alien is in possession of a valid
H–4 or L–2 visa (if required). The travel
outside of the United States by an
applicant for adjustment of status, who
is not under exclusion, deportation, or
removal proceeding and who is in
lawful K–3 or K–4 status shall not be
deemed an abandonment of the
application if, upon returning to this
country, the alien is in possession of a
valid K–3 or K–4 visa and remains
eligible for K–3 or K–4 status. |
| |
Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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