Impact of Travel During L1 RFE Review: Navigating the Challenges
When dealing with an L1 visa application, particularly during the RFE (Request for Evidence) review, it's crucial to understand the implications of international travel. Leaving the U.S. during this sensitive period can affect the outcome of your immigration case significantly. This article will explore the potential consequences of traveling out of the U.S. during the L1 RFE review and provide guidance on how to navigate these challenges effectively.
Understanding the L1 Visa Application Process
The L1 visa category is designed for individuals who are employed by a qualifying U.S. employer and will be performing a managerial, executive, or specialized expertise function. RFE occurs when the U.S. Citizenship and Immigration Services (USCIS) requires additional documentation or clarification to support the visa application. During this time, any unexpected departures from the U.S. can have serious repercussions.
Risks of Traveling During L1 RFE Review
Leaving the U.S. during the RFE review may result in the abandonment of your application, potentially jeopardizing your entire visa process. Here are the key risks associated with traveling under these circumstances:
Abandonment of the Application: Departing the U.S. without USCIS's permission can lead to the automatic abandonment of your RFE case. This means that USCIS might perceive your travel as a sign that you no longer wish to proceed with the RFE process. Need for New E-visa: If you return to the U.S. after traveling, you may need a different visa status, such as B-2 or H-4, to re-enter the country. However, if you are unable to obtain a new visa, you may be required to remain outside the U.S. until your L1 visa is approved and you can attend a visa stamping at a U.S. consulate. Time-Consuming and Stressful: Navigating the process of obtaining a new visa and waiting for your L1 visa approval can be time-consuming and stressful. It’s important to maintain a clear and consistent connection with USCIS to ensure your case is properly handled.Preventative Measures and Solutions
To mitigate these risks, it is advisable to take proactive measures before embarking on international travel. Here are some key steps you can follow:
Seek USCIS Permission: Before traveling, contact USCIS to inform them of your plans and obtain permission. This can help prevent the perception of abandoning your application. Stay Informed: Keep yourself updated on the latest USCIS policies and procedures. Understanding the requirements for travel and re-entry can help you make informed decisions. Consult with an Immigration Attorney: Consulting with an experienced immigration attorney can provide invaluable guidance. An attorney can help you navigate the complexities of the L1 visa process and ensure that your case is handled smoothly.Conclusion and Key Points to Remember
Traveling during the L1 RFE review can have significant implications for your immigration case in the U.S. It is crucial to understand the risks and take proactive measures to protect your application. By seeking USCIS permission, staying informed, and consulting with a competent immigration attorney, you can navigate these challenges and increase the likelihood of a successful outcome for your L1 visa application.