Can F1 student travel outside of USA while being filed for…

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Can F1 student travel outside of USA while being filed for…

I legally entered the USA last summer on an F1 visa and am currently doing my
Masters. A few months after entering the country, my husband who is a green card
holder decided to submit the green card application I-130 on my behalf. I
checked the USCIS website and they have not reached my priority date as yet. Is
it possible for me to travel outside of the USA while my green card is being
processed if I get the back of my I20 signed by my school?

Asked on June 1, 2017 under Immigration Law, New York

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There should not be any issues unless you plan to travel internationally on the F-1 since that only allows for nonimmigrant intent and the filing of the I-130 indicates immigrant intent.  Since your husband is a green card holder, it will be a while before you can adjust status on the basis of the I-130 since it is not an immediate relative petition so just be aware that traveling internationally may be problematic.


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