help

daniella

Registered Users (C)
Hi guys i have a question can u please help
One of my friends has been approved I-140 and entered U.S with visitor visa and applied there for adjustment of status and advance parole , but her visa is getting expired and the AP is not yet approved and she has to leave U.S . Is Advance parol only for the purpose of reentering U.S or this is important for her status too. will she abandon her pending I485 by traveling abroad without advance parol or this is just for reentering?
Can she extend her visitor visa ??
If she leave the U.S can she get another visitor visa or she will have problems because her I-485 is pending??
thank u all and Good luck
 
daniella said:
Hi guys i have a question can u please help
One of my friends has been approved I-140 and entered U.S with visitor visa and applied there for adjustment of status and advance parole , but her visa is getting expired and the AP is not yet approved and she has to leave U.S . Is Advance parol only for the purpose of reentering U.S or this is important for her status too. will she abandon her pending I485 by traveling abroad without advance parol or this is just for reentering?
Can she extend her visitor visa ??
If she leave the U.S can she get another visitor visa or she will have problems because her I-485 is pending??
thank u all and Good luck

1. Advance parole is only for reentering the US, but one needs to get it before traveling overseas.
2. If she travel abroad without AP she will abandon her I-485
3. By filing I-140 she showed her intent to immigrate to US and now she can not obtain or "extend" visitors visa (except for lying in consulate about "immigration petition" which is not good)
4. If she leave US and return with visitors visa she can get through without problems and she can get in trouble, if they discover about her immigration petition.

Her options:
She can go trough consular processing in home country, she can get H1 or similar visa, or she can stay here and wait for advance parole.


and this is not entirely good, but:
she can also get a letter from her employer about urgent business trip and get advance parole in one day by going to local office with the letter, form, photos, copy of I-485 receipt etc.
 
I would suggest for your friend not to leave the U.S. Legally she can stay in the U.S. for as long as her I-485 is pending. And since her I-140 is approved, she's already over one of the big hurdles on her path to green card.
 
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