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Immigration Issues/I-485 Process - Travel Out of Country

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Question
Hello Jack,

I have applied for my EAD (I 485) and it is pending approval with the USCIS. However, due to a family emergency I will have to travel out of the country in another 5 days.
Since I have given my current I-94 for processing for EAD to the USCIS, will my travel out of the country affect the process of EAD approval?

Looking forward to your response.

Thanks,
Satesh

Answer
Dear Satesh,

1. You should be advised that traveling out of the US without the advance parol may constitute abandonment of your adjustment of status application.  You should obtain an emergency travel advance parol from local USCIS office before departing.

2. If you absolutely don't have time, your only option is leaving the US and wait in your home country for the AP/EAD card to be produced and someone has to mail it to you so that you can use it to return.

3. Your departure should not affect the processing of the AP/EAD card, assuming that your fingerprints were not rejected at the ASC appointment.

Sincerely,

Jack C Sung
attorney at law

http://www.immigrationattorneyla.com

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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