Question:
How will leaving the U.S. affect my pending I-526? I have been in the US for 2 months. My I-94 allows me to stay 6 months. However, I plan to leave after I file my I-526 at the end of this month. I plan to return 3-months later. My problem is, the dates on my current I-94 and the I-94 number will change when I come back and will be different from the I-94 info on my I-526 application. Is this a problem? Can I leave while my I-526 is pending and come back with a new I-94 stamp/ticket in my passport and adjust status with the new I-94?
Answers:
Subsequent to your filing of the I 5-26 petition, you will be able to leave and reenter the United States as a visitor. By filing the I-526 Petition you have not applied yourself for the U.S. conditional permanent residency status. If you are reentering the United States during this period of time as a visitor your intent can only be visit the United States visit for a very short period of time and. If you try to enter the United States as a visitor and your true intent is to be a permanent resident in United States and adjust to status is in the United States then the US CBP may make a determination that you represented your true intent
That should not be a problem, as your application to adjust status to the Immigrant Status will be current as of the time of filing. We definitely recommend retaining qualified US Immigration counsel, like the attorneys at our law firm, to assist you with these processes.