While we wait for the i130 application approval can one leave the us?

There are no travel restrictions on the I-130, only the I-485. That being said, why was only the I-130 filed? If its because the person was here illegally and you didn't want to file the I-485, the he won't be able to make a legal entry as he doesn't have the visa to enter the country. If it is a family member who is here LEGALLY on an UNEXPIRED visa, then you can- but the person may be question about the I-130 upon return. Just make sure that whatever visa the person currenty has allows for dual intent- temporary entry as well as immigrant intent, otherwise they could be denied entry for having filed the I-130 while on a temporary visa.

The most important thing to remember is that if the immigrant has been illegally in the United States for over six months, traveling outside of the United States could trigger a bar of reentry, even if the immigrant has obtained a reentry permit. Before traveling it would be recommended to consult an immigration attorney to make sure the travel is ok. Sincerely, Carlos Sandoval 305-910-3002 www.carlosesandoval.com [email protected]