scrubbedexpat099

I was thinking this would or could come up a lot in work adjustments, likely such people travel a lot and the Lawyer may not be aware of where they are when filed.

tht

First place I would look (before paying for legal advice) is the USCIS website:

The answer seems pretty clear there:

“Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.

If you are outside of the United States, you must obtain your visa abroad through consular processing.”

https://www.uscis.gov/green-card/gre...ment-of-status

And I just checked back to an email from my employers lawyer in 2010, her response to a similar question about travel was: “You must be physically present in the US when the I-485 is received by USCIS”

Noorah101

Wow, learn something new every day.

Rene

destone

Which is fairly easy for any CBP office to pull up upon a USCIS enquiry. Whether this happens in practice, that’s a different question altogether.

tht

Maybe, but if discover later it could also lead to the GC or later USC obtained on the back of the GC being revoked at any point after it’s obtained. So probably not a smart idea.... but everyone to their own... and it may not even be USCIS who discovers it... fast forward 15 years, wife divorces you and decides they want you out of the country and they know... good luck...

“A person is subject to revocation of naturalization if he or she procured naturalization illegally. Procuring naturalization illegally simply means that the person was not eligible for naturalization in the first place. Accordingly, any eligibility requirement for naturalization that was not met can form the basis for an action to revoke the naturalization of a person. This includes the requirements of residence, physical presence, lawful admission for permanent residence, good moral character, and attachment to the U.S. Constitution. [1]

Discovery that a person failed to comply with any of the requirements for naturalization at the time the person became a U.S. citizen renders his or her naturalization illegally procured. This applies even if the person is innocent of any willful deception or misrepresentation. [“


https://www.uscis.gov/policy-manual/...rt-l-chapter-2

robtuck

I was advised by my employers lawyer to be present when filing for AOS from L1A to EB1C.

scrubbedexpat099

Well she has pulled it and will file when he gets back, hopefully soon.

karenkaren1

I am in status in the US (L2) and myself and my family have just filed for adjustment of status via my husbands L1A to EB1c. From when exactly will we not be able to leave US? we are still awaiting receipt notices. Just trying to get my head around when and if I can next get back to UK (I have an elderly grand mother whom Im desperate to see and some loose ends to tidy up), thanks

scrubbedexpat099

Wait until you have the NoA. Would seem safest.

tht

Another way to know it had been received is a cashed check if that’s how it was paid. May have changed, but I think they used to put a receipt number on the back you could see on online banking and once you have that you could check the current status online.

destone

As long as you both are in status, and continue to be, (i.e. neither the L1 or L2 expires before your planned return), you can come and go as you wish. However, bear in mind, that you must be present in the US for your biometrics appointment (normally ~3 months after you postmarked the application).

Please note that if you filed for I-131 (and I-765), you must not leave the US until the cards have been issued or else the I-131 application will be withdrawn. This will not affect the overall green card process, but may cause headaches depending on your personal situation. This process may take ~6 months due to Covid-19 backlog and reduced USCIS staffing levels.

On another note, you may need to transit via Mexico (and quarantine there for two weeks) before you can enter the US from the UK, unless you can secure a National Interest Waiver from the US Embassy in London.

scrubbedexpat099

Huh

karenkaren1

we filed EB1c I-140s

destone

That’s fine, the same applies. You need not be in the US to wait for the I-140 receipt notice as long as you can maintain L1/L2 status to allow for your return to the US.

Did you file the I-485 concurrently with the I-140? The I-131 and I-765 that I mentioned above are routinely filed alongside the I-485.

karenkaren1

my lawyer said, they don't file concurrently for the main reason that if the I-140 is denied, the applicant doesn't then lose filing fees for the I-485. I got told that no matter how strong the I-140 is - USCIS has become much more unpredictable. He also said it would only affect processing time by a couple of months. Its very difficult to know what to do but I just have to have faith in my lawyer....