Can we successfully leave USA???????

[DEE F]

Hi all, this is a question I would like to put to perhaps V2002 or Peter Gold, but if anyone else can answer it for us that would be brilliant,
Here Goes : We have successfully got approval letter for L1 and L2 status renewal, and a 2 year I-94 valid till Feb 2009, we are also in the process of applying for Green Card (I-140 only ),now the dilemma we are in is this, we have now been informed by well meaning friends, that if we leave the USA to go to embassy to have renewal visa put in passport, then we are in theory going with out "advance parole" so therefore would be then jeopardising our Green card application ( we do not have a current L1a &L2 visa stamp) , so therefore in theory our legal status as well, as obviously we have to hand in the new I-94 when we leave,can any of you tell us if this is correct or not,this is getting too stressful now, our daughter has just had a baby and for obvious reasons I am desperate to go back to the UK and see them, as we havent been back for 3 years due to one thing and another, or can we go to embassy for renewal visa and would get back into America without any problems and without losing application for Green card, or is what we have been told true??? I think this has hit me a lot harder than my husband, I dont know maybe you men are made of stronger stuff, but the thoughts of not being able to go and see my family for god knowsw how much longer fills me with dread. Can anyone please help:confused: :confused: With thanks.

Dee xx

[peter gold]

Dee
I am sure I know the answer but the consequences of wrong advice would be too serious so I will run it through an immigartion attorney, and suggest you do likewise
Peter

NOT AN ATTY

[peter gold]

Dee
As I first thought your friend is correct
Departure from the US without advance parole during the pendency of an adjustment application is considered abondonment.
So yes whilst you have an appliaction in for LPR (green card) if you want to leave the US you need advance parole. Easy to do see http://www.uscis.gov/files/form/I-131.pdf

[v2002]

Dee, Hi
First thing first you have NOT yet started the GC process as you are still to file for """we are also in the process of applying for Green Card (I-140 only )"""
More over filing I140 does not contitute Processing GC. its just the first step and you do NOT GET ADP on filing I140 so NO Q of ADP .. you are free to move out NO "abondonment." as there is no GC filing YET.
Hope this helps.
*You need ADP only AFTER YOU FILE I-485and want to GO OUT.

[v2002]

Dee
As I first thought your friend is correct
Departure from the US without advance parole during the pendency of an adjustment application is considered abondonment.
So yes whilst you have an appliaction in for LPR (green card) if you want to leave the US you need advance parole. Easy to do see http://www.uscis.gov/files/form/I-131.pdf
Peter one is considered to be a LPR candidate ONLY after filing I-485

[DEE F]

V2002, many many thanks for that you have really put our minds at rest now, well meaning friends eh , who needs them lol, and Peter thank you to you to,as we havent yet filed the 1-485 so it was perhaps the way I did my posting, sorry for doing that, we will now see what happens, Carl is going to e-mail USCIS on Monday, once again thank you both so much, maybe I can now get on with my week-end without wanting to kill everyone who looks my way lol, probably still the post natal grannie depression !!!!!! And V2002 I love you lol

Dee xxxxxxx

[v2002]

V2002, many many thanks for that you have really put our minds at rest now, well meaning friends eh , who needs them lol, and Peter thank you to you to,as we havent yet filed the 1-485 so it was perhaps the way I did my posting, sorry for doing that, we will now see what happens, Carl is going to e-mail USCIS on Monday, once again thank you both so much, maybe I can now get on with my week-end without wanting to kill everyone who looks my way lol, probably still the post natal grannie depression !!!!!! And V2002 I love you lol
Dee xxxxxxx
Dee love you too dear
Enjoy your time with lovely little GD.
I have sent you a small PM please look at it and CONSIDER.
All the best.

[v2002]

Peter one is considered to be a LPR candidate ONLY after filing I-485
This is what THE LAW says . :)
An I-140 is filed by your company, not YOU so simply filing an I-140 does not show clear immigrant intent, since it’s the company filing in your name. There was a USCIS memo that was issued that clarified that simply filing an I-140 does NOT show immigrant intent. The company "could" file it without your consent, so therefore it’s not your fault that "they" want you to immigrate, eventually. By filing an I-485 you are clearly expressing YOUR choice to immigrate, not anyone else's, YOU are the one that consciously made the decision to immigrate by filing an I-485, and that is clear immigrant intent.

By filing an I-485, you show clear immigrant intent. Dual intent is defined by having shown the intentions of wanting to switch to a permanent status (i.e. Green Card), while still in a temporary status (i.e. TN, H1, L1, F1, B1, etc). Only H1, and L1 visas explicitly allow for dual intent, and so people can extend their H1 and L1 visas while their I-485 is pending. TN, F1, and B1 statuses do not afford your the right you to extend your status while your I-485 is pending.

[DEE F]

Hi AGAIN V2002 got your pm many thanks, feel a lot better now, I seemed to have learned more off you in a day than all the lawyers and vc I have spoken to in 3 years, take note for people reading this post!!!! I understand it all a lot better now and am eternally grateful for your very prompt replies.

Love Dee xxx

[Bobby]

( we do not have a current L1a &L2 visa stamp) , so therefore in theory our legal status as well, as obviously we have to hand in the new I-94 when we leave,

Dee xx

Hi Dee,

Sorry to be the one holding a pin that may in fact burst the bubble to this travel predicament, but from what I read on your post, you don't have a valid visa, only I-94 renewed?? Is that right?

If this is the case, then as soon as you hand in your I-94 when you leave you will no longer have a visa to return on (unless I've missed something here?)
....without of course a trip to London to renew the visa in your passport.

You'll be out of status. I'd arrange a "fastpass" visit to immigration and have them tell you exactly this. That's what they told me on my visit.

Good luck, ...but I wouldn't be traveling anywhere if I were you, and I'd check and re-check anything you read on websites and forums because V2002 (and anyone else who's intentions are well founded - even mine!), wont actually be at the point of entry on your return, when you get refused entry. That my dear, will be down to you and you alone.

Bobby
_________________________________________________
Not a lawyer. Too honest.

[DEE F]

Hi Bobby, before I get suicidal again aghhhhhhh we have an appointment in Nassua in Bahamas on 22Feb so in theory should be coming back into US with visa in passport albeit only I-94 when we leave , which we know we will have to hand in when leaving US !!!!!!!!!!!!! so are you saying that even with an appointment at Bahamas Embassy to get visa in passport, we will be refused entry, omg so bloody confused now,help please!!!!!!!!!!!!!!!!


Dee xxx

[peter gold]

Reading her post I thought she had applied for an adjustment of status.
So why can't she go back to the UK to get her L1 lL2 renewal visa stamped in her passport on re entry at POE?
If she has not filed an adjustment yet, she has a Visa approved, why is he considering a visa waiver I 94 ?

[v2002]

Hi Bobby, before I get suicidal again aghhhhhhh we have an appointment in Nassua in Bahamas on 22Feb so in theory should be coming back into US with visa in passport albeit only I-94 when we leave , which we know we will have to hand in when leaving US !!!!!!!!!!!!! so are you saying that even with an appointment at Bahamas Embassy to get visa in passport, we will be refused entry, omg so bloody confused now,help please!!!!!!!!!!!!!!!!
Dee xxx
Calm down Dee One thing at a time !!!
1. I am sure you are clear on your I-140.So that part rests.
2. regarding your stamp .. what I understand you want to use US consulate at Bahamas for visa stamping instead of US consulate in UK due to long wait .

If bahamas have given you appointment for 22, feb and you get the VISA stamp there is NO one at POE who is going to stop you entry in US. Just
call them up on monday and reconfirm that as a UK citizen you want the VISA stamp.
realx & Enjoy the weekend.
Please check my Pm.One more thing I want to say -
Make a habbit to keep copies of all I-94 with you before you hand the original while leaving US.

[v2002]

Dee consider this second option YOU MAY have ....
Those persons holding L-1A status generally qualify for the Multi-National Executive or Manager exemption from the Labor Certification process under Section 203(b)(1)(C) of the Immigration & Nationality Act. This exemption is important as it effectively shaves up to two (2) years off of the average I-140 Immigrant petition (Green Card) processing time by eliminating the need for labor certification of the offer of employment. In most cases, L-1A Executives or Managers will receive initial approval of their I-140 Immigrant Petition within seven (7) months of filing.

I read the current visa bulletin it says the dates for EB1 and EB2 is current .. if you are L1A your dates are current for filing I485.. therefore you may be able to file for I485 along with I140 .. check this out if you can file for ADP and EAD cards too ... I think everything will be done so fast that you wont need to go for stamp at all.

Both L-1A and L-1B visa holders may properly file for permanent resident alien status notwithstanding the fact that they hold non-immigrant status, as the USCIS recognizes the doctrine of "dual intent" in L-1 cases. This doctrine makes it unnecessary for L-1 visa holders to continue to maintain permanent foreign residence or otherwise maintain ties with their home countries.

[InnVic]

so are you saying that even with an appointment at Bahamas Embassy to get visa in passport, we will be refused entry, omg so bloody confused now,help please!!!!!!!!!!!!!!!!


Dee xxx
Bobbys correct you can only come back in if you have the visa in your passport. As you have approval letter - which I guess is why your going to Bahamas - to get Visa stamp? - it should not be a problem though

[Bobby]

I thought the Bahamas route to renew visas was "old hat" and haven't heard of anyone doing that any more. Do you actually know of anyone who has successfully completed an L-1 visa renewal in the Bahamas recently?

I would have thought that the simplest thing for you to do was file the I-485 (adjustment of status) then apply for advance parole and that's it. Simple. You have a green card "pending" and are able to travel.

There are too many posts and replies here, that are confusing you, when it's really quite simple.

Bobby
_________________________________________________
PS. I am not a lawyer. I work for a living.

[peter gold]

Bobby Well said

[v2002]

First thing first- No one knows half the reason behind long explanations on post :
except DEE F and ME, and to the best of my knowledge the posts above have helped her a lot to understand her situation better - than to get Confused as stated above.With few words you make the things look like simple why didn't you post the simple thought of yours when I had not posted the details? what stopped you from helping her in the first place?
I know there is a reason to create controversy on every post I respond to... But guess what I don't really care what you say about my post when at the end of the day I know "I did help someone"

If you get the hint stop reacting to the secondary posts... which are meant to help the member posting the original Questions. Stick to responding to the original post than to make your self look like a fool.

And those who support this kind of Posts are "No better themselves".

[Bobby]

V2002,

You haven't really helped someone if you gave them the wrong information have you??

If this particular member took your advice they'd be on a one way flight to the UK, and unable to clear immigration on return. With no valid visa as they clearly stated, no entry.

.....and to be calling other members fools in open forum because you were "found out" giving false info, ...well that's really rich!

Mirror !

Bobby

[lorraine]

I thought the Bahamas route to renew visas was "old hat" and haven't heard of anyone doing that any more. Do you actually know of anyone who has successfully completed an L-1 visa renewal in the Bahamas recently?

I would have thought that the simplest thing for you to do was file the I-485 (adjustment of status) then apply for advance parole and that's it. Simple. You have a green card "pending" and are able to travel.

There are too many posts and replies here, that are confusing you, when it's really quite simple.

Bobby
_________________________________________________
PS. I am not a lawyer. I work for a living.

Hi Bobby I totally agree with you here. I have already spoke with Dee privately and said almost the same thing before you posted this. As everyone knows I was in similar position when my grandfather was dying. Do you take the chance, is it worth it, what would happen if you couldnt get back in. I trully believe you have to make that decision yourself but way up all the things that could happen. I wish Dee all the luck in the world with the green card app so she can get home and spoil all those grandchildren., It wont take long and she will be home safe and secure to come back. xx

[anniefromessex]

Oh my Oh my, please everybody stop fighting. To be quite sure of what should and shouldn't happen, why not go to Tradeport Drive to the Immigration place there and ask the question!! Ok, I have heard some bad stuff about the place but Ted had a totally different experience there and they couldn't have been more helpful.

In our case my Mum had died, Ted had never been back to get the L Visa in his passport and we were in the process of appealing against a Visa denial, plus our V.A. had filed for a Green Card for him at the same time as appealing against the refusal, and they gave him documentation to leave the country and then return after the funeral without having to go to the dreaded Embassy in London. To this day he has never encountered the rigors of that particular scenario, I have quite a few times, but that is the lot of a wife, always having to go the extra 9 yards, ha ha!! Sorry all you men out there!!!

Dee, I would cover all options just so you get it right and can give that grandbaby of yours kisses and hugs without the worry of whether you can get back in here or not, that way you can give her all your attention and you can give her big kisses and hugs from me too.

I'm sorry but I'm not up on all these different I's (it seems to me its I this and I that) and to be honest with you if there is somewhere you can go to ease your worries, then do it!!!

See you tomorrow.

Loads of love
Anniexxxx

[v2002]

V2002,

You haven't really helped someone if you gave them the wrong information have you??

If this particular member took your advice they'd be on a one way flight to the UK, and unable to clear immigration on return. With no valid visa as they clearly stated, no entry.

.....and to be calling other members fools in open forum because you were "found out" giving false info, ...well that's really rich!

Mirror !
Bobby
Oh yeh !! Bobby IS that right ?
And from where did you get this information that I adviced this member to go to Bahamas ?
You are indeed shooting in the dark because you DO not know what I adviced DEE.
By the way FYI people who have I-797 on them are eligible to get a visa stamp in TCN unlike E2 visa holders.
Unfortunately despite this fact that DEE have approved I-797 I could not advice her to do so.I do not have to post everything we talk in PM on open FORUM due to many more reasons than you will ever know.
I do not give wrong information to members its you who like to play the mind game with others, and make fun of others.Show me some maturity grow up bobby you can certainly do better.
Every thing is a Joke for you. You do not evan know the simple filing of I-485 and ADP together. Better leave immigration to others who do know something about it.
"By the way did I call YOU a FOOL? anywhere? don't think so.
I dont evan see my POST being addressed to Bobby .
But may be when you looked in that funny mirror of yours thats who you saw :D Not my fault.
However by reacting and addressing your POST directly with my Id..........
You do look like a fool when you shoot your Big mouth without knowing the facts. Read again I did not call any other member fool either.Now that you accuse ME of giving wrong information on open forum -I will leval with you.
Remember I did tell you once before if you dont like my post don't read it.Moreover I dont see Dee accusing me of giving her any wrong information .
IS SHE :cool::D

[v2002]

Oh my Oh my, please everybody stop fighting.

Anniexxxx
Dear annie sorry for making you go through this :welcome: to the real world.
Sometimes one have to say "enough is enough"

As you said "Sorry all you men out there!!!" Its not a men thing at all, its human thing... Some people enjoy others troubles by twisting things around just to make themselves feel important.while some think-
feeling pain in some one's problem and wanting to help is just human.Thats all we can try to do Ease pain in any way we can. Just a different way to look at things.
Wish I had better things to Post to make you smile.

[Susie]

Hi

I did ponder about this question . At first I thought they were in change of status, but now appears just an I 140 was filed by employer.

This is a tricky one as the immigration officer at POE is the one and only person who will decide whether to allow re-entry into the usa.

I too would run this by attoney but even if they say go ahead, that will not help if poe officer denies entry. The officer does not have to give reason for denial and you are not entitiled to legal advice


Do know for sure if I 140 and I 485 are filed concurrently then you would definately need a travel document (advanced parole)

Again, if if you get advanced parole, this does not guarentee re-entry to the USA

[Susie]

Another polite reminder


Please , please, please, lets not detract from this important thread by making personal comments which are not allowed and get back to opening thread

[DEE F]

Oh dear, I never meant to cause World War 3 with this thread, I merely want answers to question we couldnt answer ourselves, as you all know the situation we are in ourselves is abominable and would hate for anyone else to go through it, but hey we are in America so no doubt thousands will unfortunately, please let me first address V2002 I have had several PM,S and all have been helpful and we are very grateful for that,as our own Visa Lawyer could not help!!!! and it was through her mistakes that we ended going it alone so to speak, and believe me we have had far more info for free off
V2002,Than all the many thousands of dollars we paid our lawyer for, and this V2002 did for nothing except to help out a friend, I hope that is what I am anyway. To Bobby I have always respected your opinions and still do, in fact you where the first person I asked, and I also am truly grateful to you as well, but unfortunately this is an open Forum and tempers do get frayed ,but I think at the end of the day we are all adult enough to accept that, so please guys the last thing we need to do is fight amongst ourselves, we all have enough to contend with ,with the immigration system, and they fray my temper all by themselves:mad: We have taken all advice on board and once we have decided what is the best route to take we will stick by our decision, at the moment it is stalemate, Carl is happy to sit and wait it out as he is very logical and can see no other way, me on the other hand are an emotional wreck at the moment and am still looking at every angle, however when logic does take over for me, I realise that we have got too much to lose by risking leaving if things went wrong, and we couldnt get back in!!!!!
So there you have it, another way of kicking a man when he is down,giving 2 year renewal with one hand and possibly taking it back with the other and we then lose everything, not the best of positions however, just something we have to deal with, as many more of you do, so in this situation I say lets stay united,what comes around goes around as they say up north where I am from, we are tougher than this country give us credit for, they might win the battle , but they sure as hell wont win the war;)

Loads of love to you all,and thank to to everyone who as tried to help, it really means a lot.

Dee xxxxxxxxxxxxxx

[v2002]

Hi

I did ponder about this question . At first I thought they were in change of status, but now appears just an I 140 was filed by employer.

This is a tricky one as the immigration officer at POE is the one and only person who will decide whether to allow re-entry into the usa.

I too would run this by attoney but even if they say go ahead, that will not help if poe officer denies entry. The officer does not have to give reason for denial and you are not entitiled to legal advice


Do know for sure if I 140 and I 485 are filed concurrently then you would definately need a travel document (advanced parole)

Again, if if you get advanced parole, this does not guarentee re-entry to the USA
Yes sue I-140 and I485 can be filed concurrently if DEE and CARL can file the L visa under the EB1 or EB2 cat as those are the only two options available with current visa numbers and I believe carl and Dee will try to find that out tomarrow.
and Sue if you get advance parole, IT DOES guarentee re-entry to the USA because than your status is that of a AOS pending. But you cannot get ADP without filing for I-485.
Another advantage for having ADP is that DEE & Carl can than go to any consulate around USA and try to get the stamp on approved I-797, on L visa if anything goes wrong and the stamp is denied than they can enter back into USA as parolee using ADP papers . So you are safe.
I would have preffered DEE to try US Consulars in Canada than to Bahama's as the border post at Canada normally dont take your I-94 when you cross border by car for few days- But Due to some reasons... which I cannot talk about I would NOT recomend Dee to take that risk either.
The best is to make sure the safest way to move out or just wait a little longer to see sweet little summer at this time.
My heart goes out to DEE. But I am sure she is very strong person and can certainly handle this situation.

[v2002]

So there you have it, another way of kicking a man when he is down,giving 2 year renewal with one hand and possibly taking it back with the other and we then lose everything, not the best of positions however, just something we have to deal with, as many more of you do, so in this situation I say lets stay united,what comes around goes around as they say up north where I am from, we are tougher than this country give us credit for, they might win the battle , but they sure as hell wont win the war;)

Loads of love to you all,and thank to to everyone who as tried to help, it really means a lot.

Dee xxxxxxxxxxxxxx
Thats the SPIRIT DEE you said it all , let me share a little secret with you dear, I was landlocked for 6 years merely fear as I had h approvals with no stamps, not only that I had I485 pending and ADP in hand but still could not take the flight to see my family, Those six years of hell are responsible for me to be so happy to help anyone with this crazy system which works for some who are not suppose to be here and treats us like "nothing " because we play by the rules.:D well sleep tight tomarrow will be much brighter.

[Bobby]

I would have preffered DEE to try US Consulars in Canada than to Bahama's as the border post at Canada normally dont take your I-94 when you cross border by car for few days- But Due to some reasons... which I cannot talk about I would NOT recomend Dee to take that risk either.
The best is to make sure the safest way to move out or just wait a little longer to see sweet little summer at this time.
.

There you go again talking in riddles. Riddles, riddles, riddles.

Am I the only one who has no idea what you really mean in your posts??

I've been questioning this throughout this post. How can anyone take sound advice from you, if you dance from one idea to another, and just confuse people ??

I understand that there can be many different avenues, but from all of your advice you've only backed "one" of them with any certainty, and that was my advice to file I-485 and advance parole.

As I said to Dee before, check and re-check, especially if the advice you receive is more like the answer you "wanted" to hear.

Stick with it, Dee & Carl. I'm sure you will end up filing I-485 and advance parole, the same as me, as that's really your only guaranteed safe route.

Best of luck,

Bobby

Edited by Topcat, please do NOT make threats to other members.

[Susie]

Hi

I would like to thank top-cat for closing this thread to ensure a cooling down period.

The OT question is of interest to many others who are in a simular situation or will be in the future so with that in mind this thread has now been re-opened

I am aware that some members would like to either ask further questions or make a comment but please note if anyone makes personal comments about another members the post will be removed by mods and poster suspended

[DEE F]

Hi Susie, first of all let me thank you for reopening this thread,the info we have recieved as been invaluable to Carl and I, we cannot thank V2002 enough for taking the time to not only answer my questions with as much accuracy as possible, but also taking the time to do research for us on their own time and follow up with pm,there must be alot of people out there in the same boat as us,and all I can say is carry on asking the questions, there is always someone on this forum ready and willing to help. We all fall out at times when under stress that is human nature, but we mustnt lose sight of what we are trying to do,the questions we have been asking needing answering as we did not know the answers ourselves, and to me this is what a forum is for,as I said in my earlier post we need to stand united on issues of immigration,we are dealing with a system that is broken, and this is too important an issue to use guesswork,I can only go off my own experience with V2002 and cannot sing their praises highly enough for the courteous way they have treated us, and I am sure are happy to help others with problems , that they feel unable to deal with them selves, but sometimes just that human touch from another person letting you know that you are not alone is enough to let you carry on, and believe me folks my bags have been packed a couple of times in the past week:mad: However the one thing we all have is our ability to try and help others and that wonderful british sense of humour, and no one will ever take that from me, once again thank you V2002,for all the help you have given to Carl and I we are very grateful;) So come on guys ask away with your questions,there is sure to be someone who can and will help:) :)

Love Dee xxxx

[Bobby]

Astonishing !

[chris]

Here, here Dee,
Put those suitcases away you have me worried!
I know Dee and like me, she's from up t'north, so we are pretty much wired up the same way.
I've had my fair share of not seeing eye to eye with other members and it is very easy to start cat calling, which in the end, does nothing for the reputation of that member or of the Forum. If we disagree, lets be adult and civil about it.
We ultimately are all on the same side, so we shouldn't be squabbling amongst ourselves, just because our information/advice differs. God even the Embassies interpret their own stuff differently.
If I was to make any cooment about the thread and it's bumpy journey, I would say that any advice should ideally be becked up with links or statements which can confirm it as fact. We are quick to slag off the VC's for inaccurate advice, lets not start doing that ourselves.
Dee is one of lifes levellers. She has her serious side, but then there is the down to earth humor which we should forget in what is a very stressful environemt for us all.

[anniefromessex]

And so say all of us (chorus)!!!

Anniexx

[lorraine]

And so say all of us!!!!!!!!!!!!!!!!!

Lorrainexxxxxxxxxxxxxxxxx

[Susie]

Hi Dee

As i said previously, I was a bit stumped by this thread at first and still cannot get my head round is why only an I 140 was filed without concurrently filing the I 485

What reason did your attorney give you to take that course of action or if you did the application yourself why did you only file the I 140??

[Sharon]

Dee,

this thread has totally confused me, are you sorted now and know what you need to do, if so please update us

[DEE F]

Hi Susie no big mystery, money, we wanted to make sure we got an appoval on the first half before we went any further, ie medicals and such things, we will file the rest including ADP together,as this is something Carl is doing hisself,we have paid out thousands of dollars to our VC and have got no better results, than doing it ourselves,and Sharon yeh we are sorted out as best we can be at this stage, we have been in touch with our senator, and also V2002 has given us some invaluable advice, so at the moment we are waiting it out until such time as we are able to get advanced parole docs, fingers crossed of course;) Just hope we dont have to wait too long, our new grandaughter will be working at this rate:( But we have decided that we cannot take the risk of leaving US at this moment in time, too much to lose, so we will wait until we have travel documents etc


Love Dee xx