Leave the country while the I-485 is pending without Advance Parole, and the case is treated as abandoned

This is the most common and serious misconception when applying for a spousal green card, and it always seems to happen at the worst possible time: an emergency suddenly comes up in Taiwan, and you just have to fly back immediately.

Two documents

While your I-485 (Adjustment of Status) is pending review, your old visa status usually cannot be used to re-enter the country anymore. That is when you need to rely on two extra documents:

• Advance Parole (Form I-131): Permission to travel abroad during the review period and actually be able to come back
• EAD (Form I-765): Work authorization

What happens if you leave the country without AP

Your I-485 will be considered abandoned.

This isn't as simple as "delayed processing" or "submitting missing documents later." Your entire case gets completely canceled. Your place in line, the fees you paid, and the time you spent waiting all reset to zero, so you have to start over from scratch. On top of that, since you're already abroad, starting the application process over will only be more of a hassle.

This rule doesn't have an "I'm only leaving for three days" exception, nor will they make an exception just because you have a valid reason.

The scenario where things go wrong most often

It's not travel, it'sattending a family funeral.

An elder back in Taiwan suddenly passes away, and you have to fly back immediately. At a moment like that, no one thinks about immigration documents first, but getting an AP issued takesseveral monthsThis isn't something you can just get at the last minute.

So the right way to do it is:Apply for AP at the same time you submit I-485, just in case.Not because you plan to go abroad, but because you never know if you'll need it. It's best if this document sits there unused, but when you do need it, you'll already have it in hand.

Don't make assumptions about the fees anymore.

In the past, people often said "filing AP and EAD with I-485 incurs no extra fee."That is no longer a safe assumption.USCIS has adjusted its fee structure over the last few years, and they deliberately don't list individual fee amounts on the form pages, requiring everyone to use their fee calculator tool instead.

Before submitting, use theofficial calculator toolto check the current fee once, and don't prepare your check based on outdated information.

Don't book nonrefundable plane tickets in advance

Getting your AP takes several months, and the timeline isn't guaranteed. If you have a trip you absolutely can't miss (like an overseas wedding or an important family occasion),make sure you actually have your AP in hand before booking your tickets.

If you get the order backward and book your tickets first, gambling that your AP will arrive in time, a lot of people end up losing their ticket money for nothing.

Things to keep in mind even after getting your AP

• You can travel back and forth multiple times while your AP is valid, but whether you're allowed back in is still up to the border officer every single time
• If your I-485 is still pending while you're abroad and USCIS happens to send a Request for Evidence (RFE), it will be really tough to deal with from overseas. Please double check that your address is correct before leaving, and ask someone to keep an eye on your mailbox for you.
• For certain backgrounds (like a history of overstaying), leaving the country still carries risks, so definitely consult a lawyer before heading out.

In a nutshell

Go ahead and apply for AP when you file your I-485, even if you don't have plans to travel abroad right now. By the time you actually need it and decide to apply, it's usually too late.

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