AOS Pending 期间离境

根据 8 CFR § 245.2 (a)(4)(ii)

(A) ... Except as provided in paragraph (a)(4)(ii)(B) and (C) of this section, the departure of an applicant who is not under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of any pending application for adjustment of status, unless the applicant was previously granted advance parole by the Service for such absences, and was inspected upon returning to the United States. ...

除了 (B)(C) 列明的情况，除非 AOS 申请人离境前申请了 AP，并且随后经过检查返回美国，申请人离境应当认为放弃其 AOS 申请。

(B) The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. ...

AOS 申请人离境前申请了 AP，并且随后经过检查并 paroled 返回美国，不应认为其放弃 AOS 申请。

(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status.

H-1 / L-1 AOS 申请人：如果离境后返回美国，以 H-1 / L-1 身份为同一雇主工作，不应认为其放弃 AOS 申请。 H-4 / L-2 AOS 申请人：如果离境后返回美国，其配偶维持着 H-1 / L-1 身份，且申请人维持 H-4 / L-2 身份，不应认为其放弃 AOS 申请。 K-3 / K-4 AOS 申请人：如果离境后返回美国，维持 K-3 / K-4 身份，不应认为其放弃 AOS 申请。