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With F-1 Visa and NIW approval, Should I Wait for
the Approval of My AP Application Before I Travel?

Dr. William:

I am a PhD student with F-1 visa. With the help of your EB2 National Interest Waiver self-petition package, my NIW application has been approved. Thank you very much for your great help!

My concurrently filed Form I-485 application is still pending, and I have just submitted the AP application, should I wait for the approval of my application for AP before I travel outside U.S.?

Answer:

Under current regulations, if a person left U.S. without having Advanced Parole (AP) or without having H or L status, she or he is deemed to have abandoned the I-485 Adjustment of Status application.

While there may be some people who were allowed reentry into the U.S., either in error or on humanitarian grounds, it is risky to depart before the AP is issued. There are provisions for situations in which a person has the AP and requests an extension prior to departure, then does not rely on the AP extension to reenter the U.S., but uses it for a future trip abroad. This situation is different from leaving without having AP at all.




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