Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?
A…The spouse cannot re-enter the US unless they have “advance parole” authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the USCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local USCIS (INS) office to find out how long it takes them to issue Advance Parole. Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.
A…The spouse cannot re-enter the US unless they have “advance parole” authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the BCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local BCIS (INS) office to find out how long it takes them to issue Advance Parole. Advance parole is supposed to be issued to anyone who wants it for any reason at all, some local BCIS (INS) offices may take weeks or months, and may require proof of a serious emergency. If you have left the US without advance parole approval, you will most likely have to apply for a “spousal visa” (I-130 Petition for Alien Relative) to re-enter th
