i-485 without i-131 currently outside US

[js030802 6]

i am helping a friend of mine to answer his question. but i'm not quite sure what the answer would be. he has a pending i-485 application based on immediate relative petition from his wife submitted last march 2017. i-485 is concurrently filed with i-130. he did not apply for i-131. he is a nurse, canadian citizen here on nafta. his nafta document will expire in november 2017. he is currently outside the US. on his flight out, he was told by the gate agent that since he does not have i-131 document that his pending i-485 application is deemed abandoned. this is the part i'm not quite sure if it's accurate. to me it is considered abandoned if you do not have any other means of coming back to the US, that is if the i-131 document is the only way for you to come back in the US. in his case he has the nafta document which he has been using coming in and out of the US. in fact he just came back from canada last june and he did not have any issues coming in. so i was just wondering if somebody in this forum can shed some light into this scenario. thanks.

[Roel 7,192]

Well, I'd listen to the gate agent. Leaving US during the AoS process, without AP, will be consider abandoning the process.

[js030802 6]

• Form I-485, Application to Register Permanent Residence or to Adjust Status:  If you depart the U.S. while your Form I-485 is pending without first obtaining advance parole, USCIS will deny your case unless you fit into a narrow exception for people with certain nonimmigrant statuses.

this is the information i found in USCIS website. "the narrow exception for people with certain nonimmigrant status" is the one i'm contemplating that nafta document falls under this exception.

[TheSkywalkers 143]

On 8/28/2017 at 3:57 AM, js030802 said:

• Form I-485, Application to Register Permanent Residence or to Adjust Status:  If you depart the U.S. while your Form I-485 is pending without first obtaining advance parole, USCIS will deny your case unless you fit into a narrow exception for people with certain nonimmigrant statuses.

this is the information i found in USCIS website. "the narrow exception for people with certain nonimmigrant status" is the one i'm contemplating that nafta document falls under this exception.

Your friend's situation is tricky but to be sure, I'd rather you call USCIS and speak to a tier 1 or tier 2 regarding this. If you said he was let in last June with just the nafta document in hand and while the I-485 is in process, then I don't see any reason why he wouldn't be let in this time if it falls under that "narrow exception for people with certain non immigrant statuses."

 

Not all USCIS reps can give you the right answer so to be sure, look for a tier 1 or tier 2 when you call.