Notice of potential interview waiver & Advance parole

[Ladyoflovers]

Hi everybody! I completed my mom's green card application back in October 2014, a week before her I-94 expired. She stayed 5 months and 3 weeks with her tourist visa. I waited that long because I wasn't sure if we should apply for GC.

Per your recommendation, I also applied for advance parole and received it a month ago. 2 days ago, we got a letter saying "notice of potential interview waiver..." and that it could be another 6 months delay because of their workload. I searched online and they are no kidding when they mention this delay.

My mom is a diabetic patient with high blood pressure. She needs to see her doctor once every 6 months for check-ups and prescription refills. Because she doesn't have health insurance in US yet due to her status, she needs to go to our home country.

Will it be safe for her to use advance parole document? Was she out of status for staying that long? Or as long as we applied for adjustment of status before I-94 expired, she is good to leave?

Thank you,

 

[newacct]

1. She did not accrue any unlawful presence, because she applied for Adjustment of Status before her I-94 expired
2. Even if she applied after her I-94 expired, but less than 180 days after, there is no risk of triggering any ban
3. Even if she accrued a lot of unlawful presence (which she didn't), it is still okay to use Advance Parole as the Arrabally decision a few years ago ruled that leaving on Advance Parole doesn't count as a departure for purposes of triggering the ban, and a recent Obama administration memo said they will soon issue guidance so that the decision is applied consistently across agencies