Immigration law is rough no matter how it applies to you.  But one of the harsher rules regards to leaving the country while an I-485 application is pending.   The long and short of the rule is that if you leave the country while an I-485 is pending you petition will be deemed abandoned.  This can have some very harsh consequences for those that may have family emergencies or business to take care of outside or the county.  So what can be done?

You can only travel outside the U.S. if you file the I-131 Advance Parole document.  This document, if approved, will give an alien permission to leave the country and not abandon their I-485 application.  But remember the 1-131 has to be approved before you leave.  You cannot leave and wait for its approval.  So I recommend that when filing the I-485 petition and you have the faintest inkling that you may have to leave the country file the I-131 as well.  There is no extra charge for this form and may be very useful if you have to leave.   Otherwise, if you leave you will most likely have to re-file all of the paper work that you worked so hard to fill out in the first place and not to mention repay all of the fees!

So don’t take a chance and make sure you file the I-131 when you file your I-485.  If you need assistance with the I-131 form then please call the experienced immigration lawyers at Ariano & Reppucci, PLLC (602-515-0841) and set up a consultation today.