AP applied. Can leave country before approval?

[cse9423]

I have applied AP for my family 3 weeks before. My wife needs to go India by end of next month. If AP approval doesn't come to our hand by next month, can she leave the country? If she shouldn't, what are the alternate options? I appreciate your help.

[memyselfandus]

:(. There is no way she can leave. You can try to expedite using various channels discussed in the forum.

In certain cases, they do expedite things; specially in cases of family emergencies excluding marriages.

[gcwait2007]

I have applied AP for my family 3 weeks before. My wife needs to go India by end of next month. If AP approval doesn't come to our hand by next month, can she leave the country? If she shouldn't, what are the alternate options? I appreciate your help.

It is not advisable for her to leave the country without AP on hand. It is a risky proposition. Normally USCIS checks internally the resident status of the person and if they come to know that she left the country already, they may say/ consider that she left USA with the intention of abandoning her AOS case and issue denial for her I-485.


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[martinvisalaw]

I have applied AP for my family 3 weeks before. My wife needs to go India by end of next month. If AP approval doesn't come to our hand by next month, can she leave the country? If she shouldn't, what are the alternate options? I appreciate your help.

If she needs the AP to return to the US, then she cannot leave until she has that AP in her hand. However, she may be able to return in H or L status IF she has been maintaining that status . If she is in a dependent status (H-4 or L-2), she can use that to return if you are maintaining the principal H-1B or L-1 status and if she has not worked.