Advance Parole India Travel with Visitors Visa Status

[Sagar2009]

I am a Citizen who is planning to file green card my parent’s. My parents are on Visitors Visa in USA. I am aware that after filing I-485 we need advance parole to travel outside USA. They will be travelling to India on Advance Parole after the Green Card package is filed. I am not sure if there can be any problem for my parents while coming back from India on advance parole as they are here on Visitors visa.

Please advice if any experience on re-entry to USA for Visitors Visa travelling back from India on Advance Parole?

Thank you very much!!

 

[Triple Citizen]

As long as your parents did not accrue more than 180 days overstay prior to filing their I-485s, there should not be an issue using APs to return.

II am not sure if there can be any problem for my parents while coming back from India on advance parole as they are here on Visitors visa.

 

[thegooddoer]

Greencard while in USA Vs India

Sir,

I am a newly naturalized US citizen. I have few questions regarding applying for greencard for my Mom. She left US in March 2009 and she is in India right now.

1) Does filing for GC when she is in US take lesser time than filing when she is in India?

2) If she comes to US on B2 visitor visa in August and gets only 1 month visa stamping at the port of entry, can I apply for her GC right away?

3) Even if I apply for her GC immediately, will she not be out-of status after one month her stamping expires?

4) Will immigration authority find out at port of entry, that her intention is permanent residency, (since her daughter became a US citizen now) and hence deny her entry?

5) Apart from non-availability certificate to prove her date of birth, does she need 2 affidavits too from her close relatives to prove her birth? If yes, is there any specific format?

I would prefer to file GC when my Mom is here, so that she does not have to handle the formalities in Indian consulate all by herself. Your reply is greatly appreciated. THANK YOU SO MUCH.

 

[Triple Citizen]

Firstly, you should have started your own thread instead of hijacking someone else's.
Here are the answers:-

A1: Probably, but not neccessarily. It will depend on which local DO in the US.
A2: That would be a real bad idea. One should not file for AOS on a "restricted" I-94.
A3: Filing an I-485 while the I-94 is valid will take care of that but see #2 above!!!
A4: You have just stated her intention on a public forum. Go the consular route.
A5: If she gets a non-availability certificate, no need for affidavits.

1) Does filing for GC when she is in US take lesser time than filing when she is in India?

2) If she comes to US on B2 visitor visa in August and gets only 1 month visa stamping at the port of entry, can I apply for her GC right away?

3) Even if I apply for her GC immediately, will she not be out-of status after one month her stamping expires?

4) Will immigration authority find out at port of entery, that her intention is permanent residency, (since her daughter became a US citizen now) and hence deny her entry?

5) Apart from non-availability certificate to prove her date of birth, does she need 2 affidavits too from her close relatives to prove her birth? If yes, is there any specific format?

 

[thegooddoer]

Thank You Triple Citizen and sorry for hijacking someone else's thread.