If you are a foreign spouse,
you may apply to enter the United States via a tourist visa if you have a pending I-130 petition
, and wish to go back to your home country after the visit.
What does approval of I-130 mean?
The I-130 Petition is the first part of the marriage-based green card application. If this is approved, it means that
USCIS has agreed that your spouse qualifies for a green card and that you have provided the necessary documents to evidence your spousal relationship
.
How long is I-130 approval valid?
How long is the I-130 petition valid? After the I-130 petition is approved and an IV applicant receives an Instruction Package, he/she must apply for a visa within
2 years
from the date on the Instruction Package letter.
Can I travel while I 131 is pending?
Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad
. The pending Form I-131 will not be considered abandoned in this situation.
Can I stay in the US while my I-130 is pending?
If your family member or employer has merely started the process off for you, by filing what’s known as a petition (typically on USCIS Form I-130 or I-140), that’s not enough.
A pending or approved petition from a U.S. sponsor gives you no rights to come to or remain in the United States
.
Who can apply for refugee travel document?
1.
Must be a refugee or asylee or lawful permanent resident
. To apply for a refugee travel document, you must either be in the U.S. in refugee or asylum status. Alternatively, you must be a U.S. permanent resident (green card holder) who obtained their lawful permanent resident status as a refugee or alysee.
Can I travel while waiting for my replacement green card?
Leaving the U.S. While Waiting for a Green Card.
The U.S. Citizenship and Immigration Services (USCIS) does provide that immigrants may travel abroad while waiting on their Green Card
, officially known as a Permanent Resident Card.
Can I travel outside US with EAD card?
If your OPT has been approved, and you have your EAD card, you can travel internationally
. You can re-enter the U.S. in F-1 status before the start date or after the start date of your EAD card.
How long does I-130 take to get approved 2020?
After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from
5 to 12 months for immediate relatives and could take several years for family preference categories
. This is an approximation.
What visa is for I-130?
If you are a U.S. citizen petitioning for a green card for your non-U.S. citizen spouse, then Form I-130 is the first step to applying for
a K-3 visa
(“Nonimmigrant Visa for a Spouse”).
What does it mean when USCIS is actively reviewing your case?
What happens after approval notice of I 131?
Once USCIS approves your I-130 application,
your application will be sent to the U.S. Department of State’s National Visa Center (NVC) for processing
. If your family member’s case is not subject to immediate processing, your I-130 application will remain with NVC until processing begins.
How long does it take to get your green card after approval?
After you receive the welcome notice, you should receive your Green Card in the mail sometime in the next 30 days. Altogether, that means you should receive your Green Card
within 60 days
of your approval for permanent resident status.
What is the difference between i-485 and I-130?
2. What is the difference between Form I-485 and Form I-130? If you are helping a relative apply for a green card, Form I-485 (“Application for Adjustment of Status”) is the second step in the family-based green card process after submitting Form I-130 (“Petition for Alien Relative”).
Can I travel when my advance parole is pending?
You can travel and your pending I485 (with or without Advance parole) will not be abandoned if you have one of these visa types to re-enter the USA: Work visas like H1B and its dependent H4, L-1, and its dependent L2.
Can I travel while my adjustment of status is pending?
Adjustment applicants who are in valid H-1B status, and their dependents, can travel abroad and reenter the United States in H status while an I-485 is pending, without having to obtain advance parole. The H1B must still be eligible for H status and returning to the previously approved employer.
Can I travel while I 140 is pending?
You should not travel internationally while the travel document is pending
, or the entire process will be considered abandoned and your adjustment of status denied. After several months of waiting, you should then be scheduled for an interview with a USCIS officer.
How can I speed up my I-130 processing time?
You can generally request expedited processing by
calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice
.
How do I withdraw my I-130 petition after approval?
If you have already sent in Form I-130 to USCIS but the case hasn’t gone further, you can “withdraw” your petition. To do so,
write a letter to the USCIS office that is processing your petition
. Be aware that this might be a different office from where you first filed the I-130.
How long does the I-130 process take?
As of mid-2020, it took from
seven to 22 months
on average for USCIS to process this form. Upon approval of the I-130 petition, how long it takes before you can come to the United States will depend on whether you are married to a U.S. citizen or a lawful permanent resident (“LPR”) or green cardholder.
Can I travel with Refugee Travel Document?
Once you have obtained refugee status, you may wonder where you can travel without the need for a visa. If you are a holder of a Refugee Travel Document issued by the United Kingdom under the 1951 United Nations Convention Relating to the Status of Refugees,
you can travel visa-free to a lot of countries
.
Can refugee claimants apply for travel document?
What documents do I need to travel?
You need to get a Refugee Travel Document from Passport Canada
. It is recognized in all countries as a valid travel document. However, you cannot use it to travel to the country that you are a citizen of or the country of claimed persecution.
Can I travel outside the US with a travel document?
You can only remain outside the United States, however, as long as you re-enter the U.S. before the expiration date printed on your travel document
. The travel document is valid for one year after it’s issued, typically within 150 days (in some cases longer) after submitting your application materials to USCIS.
Can you travel within the US while waiting for your green card?
However,
USCIS will allow you to travel while you wait for your permanent resident card, if you apply for and obtain an advance parole document
. This advance parole document will permit you to return to the country, even if you have not received your Green Card.
Can I stay in US while waiting for green card?
Some people can stay in the U.S. for the entire period of applying for a U.S. green card
. Others must leave the U.S., either while they wait for a visa to become available (which can take years in some cases) or in order to attend their immigrant visa interview, which is the last major step in the immigration process.
Can I travel with a copy of my green card?
Evidence of your Lawful Permanent Residence or Conditional Residence (if available).
Examples of acceptable documents include: a copy of your green card, your immigrant visa, I-551 stamp in your passport, or CBP admission stamp in your passport
.
