Need to visit home country while on OPT.

5 views 3 answers
Hi, I have been on OPT since August 2014 and it is valid until August 2015. I am eligible for U Visa and im going to start that process soon. I want to visit my home country this year. I assume it is not safe to leave USA after my OPT expires as I do not know if I will be allowed back in with the pending U Visa application. I just wanted to know if it is advisable to visit and come back before my OPT expires or will have problems entering even with a valid OPT and EAD.

Attorney Answers

3
Gintare Grigaite ·
Each time you have a foreign travel and have no immigrant status, you will be evaluated for admission. If your travel is required, you may seek to apply for Advance Parole document. Always consult with experienced immigration lawyer before proceeding with your case.
0 upvotes
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
The rule of thumb is to always meet with a good local immigration counsel PRIOR to your intended departure plans to ensure your plan does not create any re admission issues upon your return.
0 upvotes
Daniel Hanlon ·
You need a valid visa to be readmitted to the US. It is not clear whether your F-1 visa is still valid for travel before August 2015. Consult with an attorney.
0 upvotes