COVID-19 cases are on a seemingly vertical climb in India. The healthcare system is at the brink of collapse. And, sadly, lives are lost seemingly on a continuous basis. As a result, pandemic related emergency travel needs are quickly on the rise. We are here to help.
Many of our current clients are suffering the loss of loved ones in India. We are working with them to help in whatever way we can. However, it is critical to understand the potential impact of traveling abroad while your I-485 is under consideration.
Leaving the United States once your I-485 has been filed is generally considered an abandonment of the application and will result in automatic termination of your application UNLESS (1) your Advance Parole (Form I-131) has been approved and you have received your card OR (2) you are currently in H or L Status only.
Although option 2 is viable, ILBSG recommends traveling abroad after your Advance Parole is approved since that gives your permission to travel while your I-485 application is pending.
If you are currently on H or L status, and you need to travel while both the I-485 and I-131 are pending, you must be in a valid H or L status before leaving the United States and you must use your H or L status to be admitted to the United States.
Lastly, you must continue to work for your H or L employer after being admitted to the U.S. to preserve your I-485 application. Even after your Advance Parole is approved, we recommend using your valid nonimmigrant status to reentry in the U.S. to ensure you have a backup, as explained above, in case of an adverse decision in your I-485.
Before traveling, ILBSG encourages its clients to plan ahead and take the current travel restrictions and delays into careful consideration. Whether a new or existing client, call us at our main office number. We are here to assist you with your emergency travel needs. There is no need for an appointment nor is there a fee for the initial advice. We are here to help you protect your I-485 status during your emergency travel.
If you are unsure of the potential requirements of your specific situation and are in need of pandemic related emergency travel capabilities, contact us at ILBSG. We work with you to make sure you get the right advice.
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