Legal Question in Immigration Law in Virginia

Re: Travel during pending I-485/I-130 application

If your husband leaves the US without first obtaining an advance parole document he will likely not be allowed to return into the US and the pending applications will be deemed abandoned. If you would like further information or assistance please contact my office.

Re: Travel during pending I-485/I-130 application

Don't try it. Too much risk. His petition could be deemed abandoned (in fact it should be if he leaves). Instead you should file for advance parole - it lets him travel before he gets his green card without abandoning his petition. Problem is that it takes a few months to get approved. If it's an emergency then you may be able to get it expedited but that's discretionary. By the way, did you file for him employment authorization? That could be a good move as well. Give me a buzz and I can explain everything to you in just a few minutes.

Re: Travel during pending I-485/I-130 application

Under the immigration laws, individuals with adjustment of status applications generally cannot travel without first obtaining a travel document (advance parole document). If your husband travels with his B1 visa, he will be considered to have abandoned his adjustment of status application.

If he has not done so already, he should submit an I-131 application(request for advance parole document) with the required supporting documents. Once he receives this and there are no other issues related to his authorized stay in the United States, he should be able to travel.