My wife is looking to travel out of the country to visit a relative, but our I-485 is currently in the interview stage. We know that if she leaves the country without an I-131 while the I-485 is pending, the USCIS will consider it as abandonment of the I-485 application. We have filed the I-131 and it has been pending for the past five months without any updates. My wife also has an I-551 from a pending I-829, with her mother being the principal petitioner and my wife the dependent. Can my wife travel without jeopardizing the I-485 application?
Answers
A Olusanjo Omoniyi
Immigration Attorneys DirectoryThis scenario is somehow conflated in that you said she has "a pending I-485 with an I-551 from a pending I-829," which is rather unusual. The filing of I-829 shows she is applying for permanent resident status moving from a conditional status. If she has filed I-829 she would have had her conditional status extended by at least a year and she would have been able to travel in and out of the country without filing I-131. Thus, I-485 should not be in the picture at this moment. Advisably, consider consulting an attorney to sort out the facts and planning of your wife's trip.
Marko Issever
EB-5 Broker DealersThe facts you have provided here are a little blurry. The pending I-829 means that your wife already has a conditional green card. With that, she should be able to travel as long as she will not be away for a long time. She does not need to file Form I-131 to get a re-entry permit for travel that will be less than one year. On the other hand, the filing of I-485 complicates things. I am not sure what that does to her existing conditional green card as a dependent of her mother. To be safe, you should consult an immigration attorney who should analyze her case in its entirety.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryNot sure how a permanent resident can file an I-485. She needs to surrender her old green card first. Seems you need to consult with a professional. She can travel on the I-829 with her stamp, but the travel from the pending adjustment should not be approved since the adjustment is defectively filed.
Charles Foster
Immigration Attorneys DirectoryIt is not clear the basis of her I-551 evidencing her conditional lawful permanent residency, but if in fact she is already a CLPR and there is no issue regarding same than she could safely travel abroad and be readmitted to the U.S. with her valid I-551 stamp.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.