My wife is awaiting processing of her immigration documents. Her status in the US is legal, but she cannot work yet. During this entire period is she officially lawfully present in the country? And the main question — if she needs to leave, will she be able to re-enter the US afterward without problems?
Lawyers usually warn about the risks of leaving the country with an open case. I’ve heard that some fly despite the recommendations — and return without problems, but it depends on the specific officer at the border. As for “lawfully present” — that means you’re permitted to stay while you’re waiting for a decision; it’s not a full legal status, essentially a kind of pending/in‑between state.
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Oh, it’ll all be okay - better to just wait it out at home while the case is open)
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Lawful presence is not the same as status. Leaving while your case is open is risky — you might not be allowed back in.
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honestly, i’d hold off on trips for now. lawful presence, yes, but with an open case at the border everything is up to the individual officer — they might not let you back in, and then good luck proving it. tough it out at home, wait for the decision, and only then calmly make plans)
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Basically, leaving without Advance Parole while your I-485 is pending is considered abandonment of the petition — you need to file the I-131 in advance.
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Don’t risk it without advance parole; better to file Form I-131 in advance and wait calmly )
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Hey, if there’s any chance you’ll need to fly, file Form I-131 right away with your I-485 packet. A friend’s AP (advance parole) arrived in about four months, and she was then able to travel back and forth without any problems. Without that paper, leaving while your I-485 is pending can be treated as abandoning the petition — better not to risk it )
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AP (Advance Parole) by itself doesn’t guarantee entry — the USCIS paper explicitly says that the final decision is up to the officer at the border.
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It’s tough to wait, of course, but you’ll pull through — these kinds of cases usually get resolved fine )
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