Legal Question in Immigration Law in New York

Re: immigration laws

It is not clear from your post what your question is. What is the foreign national's staus in the US? How long as he/she been here? How did he/she enter the US? You should speak with an attorney before travelling outside of the US to ensure that the foreign national will be able to re-enter the US and that travel will have no affect on his/her future immigration applications.

Re: immigration laws

I assume that you are a US citizen and your husband is a non-citizen. If your husband filed to adjust status based on an I-130 approval or filed concurrently the I-130/I-485, the conservative answer to this question is to wait for your husband to obtain his permanent residency before departing the country. Unless you have advance parole, departing the country while an adjustment of status application is pending will abandon the application. Furthermore, even if you do have advance parole, it is advised to be very careful in using it.

This is a matter that you should discuss in detail with an immigration attorney.

Re: immigration laws

The outline in your e-mail regarding your immigration situation that you have provided below is not sufficient for us to give you a clear answer.

What we can start with is some answers to the following questions so that we can provide you with an answer.

How long have you been married to the individual?

What is the purpose of the trip?

Is the spouse working?

In other words do they have a job here in the US?

How long will he/she be out of the country?

Patricia Martin-Gibbons