F A
Mar 8, 2024
Traveling while NIW application is pending
Hi All,
I have a Nigerian friend studying for his PhD, he wants to submit his NIW application middle of this year and plans to travel home sometimes in December. He wants to know if he can travel on f1 while his NIW is pending.
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F BMar 8, 2024
did this person put in his I485 for adjustment of status along side his NIW application? if he did, and he doesn’t have a travel document approved, then he is at risk of abandoning his green card application. That’s my knowledge of this .
RAYMOND AWOYEMIMar 9, 2024
He can travel, the Priority date is not near the filling date. He can travel
sim kMar 9, 2024
I think he should only travel if his visa is still valid,
if not, I wouldn't advise him to do so because his NIV may not be renewed because they ask if you have ever petitioned USCIS for an immigrant visa
F AMar 9, 2024
Thanks everyone for the response. He intends to file only NIW for now, but would love to travel by the end of the year.
chris willMar 9, 2024
my lawyers advised NOT to travel while i-140 is pending. reason being your friend will reenter the country on an F1 which is a non intent to immigrate visa. if he files i-140, he has established intent to immigrate and reentering the country on an f1 will violate his visa. they will not let him bk in.
Niser JimMar 12, 2024
what Chris said.
