Travel during Greencard process

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Old Apr 30th 2012, 6:44 pm
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Default Travel during Greencard process

Hey guys

I have a L1-A to Greencard process underway (just started).

Is it safe to travel back to Europe during this process using my current L1-A or will i run into problems due to the ongoing Greencard?

I have 2 years left to run on my current visa and started the GC process earlier this month

Thanks for your help
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Old Apr 30th 2012, 7:54 pm
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Default Re: Travel during Greencard process

as Mr Folinksy posted earlier and as I have been told (in same situation) -you can travel without any issue on the visa whilst the Gc is in process
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Old Apr 30th 2012, 10:06 pm
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Default Re: Travel during Greencard process

Originally Posted by ruin3d
Is it safe to travel back to Europe during this process using my current L1-A...
Your L-1A remains valid during your adjustment process... else you wouldn't be allowed to work, let alone travel.

Ian
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Old Apr 30th 2012, 10:14 pm
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Default Re: Travel during Greencard process

Originally Posted by Flabound oneday
as Mr Folinksy posted earlier and as I have been told (in same situation) -you can travel without any issue on the visa whilst the Gc is in process
Why do you need to apply for advance parole then, until the green card comes through?
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Old Apr 30th 2012, 10:22 pm
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Default Re: Travel during Greencard process

Originally Posted by texasjan
Why do you need to apply for advance parole then, until the green card comes through?
You don't need to.

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Old Apr 30th 2012, 10:59 pm
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Default Re: Travel during Greencard process

Originally Posted by texasjan
Why do you need to apply for advance parole then, until the green card comes through?
People adjusting from an L visa do not need to apply for AP.

People adjusting from other visas (or lack of visa), usually need AP.

Rene
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Old May 1st 2012, 11:35 am
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Default Re: Travel during Greencard process

Originally Posted by Noorah101
People adjusting from an L visa do not need to apply for AP.

People adjusting from other visas (or lack of visa), usually need AP.

Rene
isnt it also if your L has expired but you are 'in process' with the GC ?
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Old May 1st 2012, 12:37 pm
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Default Re: Travel during Greencard process

As a general rule, the regulations provide that departure during the processing of an adjustment application is considered an abandonment of the application. [This rule was put in place when adjustments were fairly rare and immigrant visa processing was not all that complicated.]

The regulations provide that departure will NOT constitute an abandonment if one obtains "advance parole."

More recently [like within the last few years], the regulations provided an additional exception -- non-immigrants in possession of H or L visas who have departed and are returning to the same employment underlying the non-immigrant petition.

Inasmuch as there is no additional filing fee, it is considered good prophylactic practice from the POV of the alien to obtain an EAD and Advance Parole.

Your mileage may vary. Also, "...we are in the never never land of the Immigration and Nationality Act were plain words do not always mean what they say."
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