Urgent Advice regarding i-130 case

[4anca]

Background:

My name is Bella, I am originally from Sweden & moved to the US when I was 11 years old. I only have a work permit here in America, no citizenship or green card. I got married in June 2017 and my husband petitioned for me but they strangely required more evidence which we sent in September of 2017 and we haven't heard anything from the USCIS since.

Question:

I went to the Swedish embassy for an emergency passport because family isn't feeling well but also that is the only way I can travel since I have no permanent status here except for my work permit. But since my case is still processing for me to have status here, will I be penalized for leaving? How can I return? What should I do?

 

[not2cleverRed]

Yes. Leaving without filing an I-131 and getting an Advanced Parole Document will mean that USCIS will consider your application abandoned.

Did you also file an I-485?

Have you checked your status online?

https://www.uscis.gov/greencard/while-application-is-pending

 

[4anca]

"Interview Was Completed And My Case Must Be Reviewed" It's been saying this even after we sent more evidence. My lawyer didn't apply for the I-485, so this leaves me with the question, will I be able to return to the US? or reapply? or have my husband bring papers to Sweden when they arrive?

 

[HighwayMan]

You have an attorney! You should be discussing your case with him - not asking a bunch of strangers on the Internet.

 

[FlyingRon]

If your husband is a US citizen, then you should ask the attorney about a concurrent I-485 filing. If he's only an LPR, then the attorney may have decided to defer the filing (notably the filing fee payment) until things are further along.

Red is right about the I-131. If you leave without this, you will mess things up. Whether you should leave at all depends on information you have not provided. You should inquire with the attorney about the plans and see what he thinks.

 

[t74]

Do NOT leave if you intend to live in the US any time soon. Check out visajourney forum for people who are or have been in your situation.