Is re-entry permit possible with AOS pending?

[BiAdam 21]

My AOS application is pending. It's likely that it'll take many more months. We're in San Francisco, it takes a very long time here unfortunately.

 

Meanwhile I got a job offer overseas. I wonder if I can leave the US without abandoning my AOS. Any thoughts?

[SteveInBostonI130 3,434]

11 minutes ago, BiAdam said:

Meanwhile I got a job offer overseas. I wonder if I can leave the US without abandoning my AOS. Any thoughts?

 

Only if you have an approved AP (I-131).

 

Leaving the US without AP will result in your AOS being determined as abandoned and you will need to start over with a CR1 visa.

 

If you can show hardship, and the job offer is more or less guaranteed, then you can call USCIS and ask for an emergency infopass appointment for an AP.  It may not work, but no harm in trying.

[BiAdam 21]

21 minutes ago, SteveInBostonI130 said:

 

Only if you have an approved AP (I-131).

 

Leaving the US without AP will result in your AOS being determined as abandoned and you will need to start over with a CR1 visa.

 

If you can show hardship, and the job offer is more or less guaranteed, then you can call USCIS and ask for an emergency infopass appointment for an AP.  It may not work, but no harm in trying.

I have a valid advanced parole until June. I just applied for a renewal, and haven't received a case number yet. So do you mean that with my valid AP, I can leave the US and apply for a re-entry permit while I'm there? Because I think I can't leave the US for a long time with my AP. As I understand I need a re-entry permit, and it is only given to conditional or permanent residents. I'm none of them.

[SteveInBostonI130 3,434]

49 minutes ago, BiAdam said:

I have a valid advanced parole until June. I just applied for a renewal, and haven't received a case number yet. So do you mean that with my valid AP, I can leave the US and apply for a re-entry permit while I'm there? Because I think I can't leave the US for a long time with my AP. As I understand I need a re-entry permit, and it is only given to conditional or permanent residents. I'm none of them.

I believe you can be away from the US on AP for up to a year.  You are not yet an LPR and therefore you cannot apply for a re-entry permit.

 

You can ask for a USCIS infopass appointment to get your AP extended if urgent.  If you leave now, without a decision from USCIS for the AP extension, you risk getting your AP expired in June. 

[BiAdam 21]

7 minutes ago, SteveInBostonI130 said:

I believe you can be away from the US on AP for up to a year.  You are not yet an LPR and therefore you cannot apply for a re-entry permit.

 

You can ask for a USCIS infopass appointment to get your AP extended if urgent.  If you leave now, without a decision from USCIS for the AP extension, you risk getting your AP expired in June. 

I understand. Thank you very much for the information.