Can I Leave The U.S. After My I-140 Form Is Approved And Come Back When My Priority Date Is Current

Leaving the U. S. After I-140 Approval

Upon securing approval for your I-140 form, the prospect of leaving U.S. soil raises critical questions concerning legal consequences and the status of your priority date. You need to have a keen understanding of immigration protocols to ensure uninterrupted progress towards obtaining permanent residency.

Legal considerations

If your I-140 form is approved, leaving the U.S. means you must follow legal rules to re-enter the country. You can’t just arrive at the border and expect to be admitted simply because you had an approved I-140 prior to departure.

To re-enter legally, you need a valid visa or advance parole travel authorization which you could have filed for if you’ve applied for adjustment of status.

There are other considerations as well. For example, if you leave the U.S. and upon your return it is discovered that you were out of status for a period of time exceeding 180 days, or 365 days, you could face a bar to being admitted for a period of 3 years, or 10 years alternatively. If you’ve been out of the U.S. without proper papers, getting back in can be challenging under INA 212(a)(9) or “Unlawful Presence and Inadmissibility.”

Always remember these laws when planning trips after your I-140 approval to avoid serious problems later on. It is absolutely important to consult with an immigration attorney prior to departure.

Impact on the pending priority date

The priority date is crucial because it establishes the individual’s place in the queue for an immigrant visa (green card) based on employment. It is used to determine when an individual may be eligible to apply for adjustment of status (if they are already in the United States) or when they may proceed with consular processing (if they are outside the United States).

In the context of the employment-based categories, priority dates are especially significant because there are numerical limitations on the number of immigrant visas available each fiscal year. Priority dates are assigned based on the preference category and country of chargeability, and they may be subject to retrogression or advancement depending on visa availability and demand. Applicants must often wait for their priority date to become current before they can proceed with the final stages of the immigrant visa process.

Leaving the U.S. after your I-140 approval does not directly affect your pending priority date. Your place in line for a visa stays put, even if you are abroad. However, being out of the country without first filing your application for adjustment of status and obtaining advance parole will likely mean you must go through consular processing later.

Conditions for Returning to the U. S.

If an individual with an approved Form I-140 (Immigrant Petition for Alien Worker) leaves the United States, there are several requirements they must meet in order to return to the U.S. to adjust their status:

1. Valid Immigrant Visa: The individual must have an immigrant visa available to them. This means that their priority date, as indicated on their Form I-140 approval notice, must be current according to the Visa Bulletin issued by the U.S. Department of State.

2. Maintaining Intent: They must maintain the intent to immigrate to the United States. This means they should not have abandoned their intention to become a permanent resident of the U.S. while abroad. Providing evidence of ties to the U.S., such as maintaining a job offer or residence, can help demonstrate intent.

3. Nonimmigrant Visa: If the individual had a nonimmigrant visa before leaving the U.S., they must have a valid nonimmigrant visa for re-entry, unless they are eligible for visa-free travel under the Visa Waiver Program (VWP) or are traveling under another visa exemption.

4. Advance Parole (if applicable): If the individual applied for and was granted Advance Parole (Form I-131) before leaving the U.S., they should use it for re-entry. Advance Parole allows individuals with pending adjustment of status applications to re-enter the U.S. without abandoning their green card application.

5. Admissibility: The individual must be admissible to the United States. This means they should not be subject to any grounds of inadmissibility, such as criminal convictions, health-related issues, or immigration violations.

6. Port of Entry Inspection: Upon arrival at a U.S. port of entry, the individual must undergo inspection by a Customs and Border Protection (CBP) officer, who will determine their admissibility and eligibility to enter the United States.

7. Documentation: They should carry the necessary documentation, including their passport, immigrant visa (if applicable), Form I-94 (arrival/departure record), Form I-797 (Form I-140 approval notice), and any other relevant immigration documents.

It’s important for individuals in this situation to consult with an immigration attorney or seek guidance from U.S. Citizenship and Immigration Services (USCIS) to ensure they meet all requirements for re-entry and adjustment of status.

Maintaining valid I-140 petition

It’s crucial to ensure that your I-140 petition remains valid to avoid potential issues. If you leave the United States, you may accrue unlawful presence, making it challenging to return. Without a waiver, obtaining a visa or any other immigration benefits could become quite tricky.

Maintaining good standing and following all the rules is essential to avoid complications. If you plan to return to the U.S. on an approved I-140, keeping the same job as changing jobs could risk your petition’s status.

It’s always a good idea to work closely with an immigration specialist to get guidance on how to preserve your I-140 petition while outside America.

Staying clear of actions that cause inadmissibility is critical, too. This way, you protect your chance to return and continue the path towards permanent residence.