AOS Pending 期間離境

根據 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) 列明的情況，除非 AOS 申請人離境前拿到了 AP，並且隨後經過檢查返回美國，申請人離境應當認為放棄其 AOS 申請。

(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 申請人離境前拿到了 AP，並且隨後經過檢查並 paroled 返回美國，不應認為其放棄 AOS 申請。

(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 申請人：如果離境後返回美國，以 H-1 / L-1 身份為同一僱主工作，不應認為其放棄 AOS 申請。

H-4 / L-2 AOS 申請人：如果離境後返回美國，其配偶維持着 H-1 / L-1 身份，且申請人維持 H-4 / L-2 身份，不應認為其放棄 AOS 申請。

K-3 / K-4 AOS 申請人：如果離境後返回美國，維持 K-3 / K-4 身份，不應認為其放棄 AOS 申請。

(D) 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 V status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is admissible as a V nonimmigrant.