I have been studying in the US for the past five years, and I have F-1 visa. Two years ago I married an American citizen and applied for the adjustment of status. In March 1999. local INS office has notified me that they received my I-485 application for adjustment of status, and that waiting period for the interview is around 18 months .

Last year (2000) I planned to travel abroad for a few days. I heard that I need to obtain Advanced parole before I travel. However, since my F1 visa was still valid (I was still enrolled full time in the school), INS phone helpline has informed me that I can just travel with my F1 visa, and do not have to worry about Advanced parole.

I did go ahead with my travel, and did not encounter any problems at customs on the way back to US. I am still in school, still with valid F-1 visa. My interview for adjustment of status has finally been scheduled for the next month.

MY question is: Is the fact that I travelled without Advanced Parole, while my I-485 was pending, going to present a problem at the interview? Again, this entire time I have been, and still am, in possesion of valid and current F-1 visa.

thank you!

Dear Anonymous:

The general rule is that you may not travel once an application for adjustment of status is filed, unless you first obtain an advance parole. Exceptions exist for those with H and L visas.

Because you travelled without an advance parole, INS may consider your application for adjustment of status to be abandoned, and you will have to file again. INS does have discretion to waive the requirement, and adjust your status, especially where your application is based upon marriage to a US citizen. Also, if you can show that the INS help line gave incorrect advice, you should provide this information to the INS adjudicator.

Since you apparently have never been out of status as an F-1, you at least would not be subject to the 3 or 10 year bars.

In light of the potential problem with your case, we would suggest that you speak with an immigration law attorney and provide him or her with all of the details of your case, prior to your scheduled interview. Good luck.