Legal Question in Immigration Law in Missouri
Travel following I-130 application
I'm an H-1B visa holder currently residing in the US and recently got married to a US citizen. My husband and I have just sent off the I-130 petition (but not the I-485) and are wondering now whether I would be allowed to travel abroad within the next couple of months. My H-1B visa is still valid until April 2011, but we are concerned that our traveling abroad would affect the greencard application.
Can we apply for an advance parole document? The travel purpose is not an emergency. Is the advance parole document even relevant since an I-485 was not filed?
Thanks for your help.
2 Answers from Attorneys
H-1B visa holders don't need advance parole to travel. Besides, you are not eligible to apply for one with only the I-130 pending.
There is no "green card application" pending yet.
The issue is whether you are still maintaining a valid H-1B status.
It's always advisable to consult an immigration lawyer when in doubt.
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Having an H-1B allows you to have what's called, "Dual Intent." Normally, with most temporary visas, you must only have the intent to stay temporarily. But, with the H-1B, you are allowed to have the intent to stay here permanently at the same you are allowed to have a temporary intent.
Since you married a USC, you may have been eligible to concurrently file the I-485. But there are other issues involved, that I would certainly speak with an attorney about to understand whether or not you need Advanced Parole when an I-485 is pending.
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