Advance Parole

[ou90d02]

Hello all,

Please bare with me on this one.

My mother who came here in September of 2005 on a visitor visa. She was given 6 monts of stay in US by the inspection officer at the airport.

Well my sister is a citizen here. She decided that she was going to file her Green Card. In Feb of 2006, following application was file on my mother behalf. I130, I131 and 485. So as of right now my mother is here in US without permsission. Another words, Her stay in US expired in March of 2006. 6 months from September 2005. Anwyays, we never extended her stay, since the lawyer told us we do not need to as her application for green card is filed.

Last week, her travel docuemtn form 1131 was approved. Her 130 and 485 are still pending. Her finger printing is done thought. So my question is this. Can she now travel out of the country using her travel I131 doc. Can she face any problems while coming back, since here stay in US expired in March and that she did not extend her stay. Can she be illegal right now.

Will she face any issues when she goes for her interveiw for her adjustment of status. Please let me know.

THanks!

 

[ari4u]

Hello all,

Please bare with me on this one.

My mother who came here in September of 2005 on a visitor visa. She was given 6 monts of stay in US by the inspection officer at the airport.

Well my sister is a citizen here. She decided that she was going to file her Green Card. In Feb of 2006, following application was file on my mother behalf. I130, I131 and 485. So as of right now my mother is here in US without permsission.

thats not true. Once I-485 is filed, applicant is in a valid legal status called "Pending AOS" till the I-485 is adjudicated.

Another words, Her stay in US expired in March of 2006. 6 months from September 2005. Anwyays, we never extended her stay, since the lawyer told us we do not need to as her application for green card is filed.

For once, the lawyer is right. Since the I-485 is filed, the visitor visa is void and cannot be renewed.

Last week, her travel docuemtn form 1131 was approved. Her 130 and 485 are still pending. Her finger printing is done thought. So my question is this. Can she now travel out of the country using her travel I131 doc.

Yes, she could

Can she face any problems while coming back, since here stay in US expired in March and that she did not extend her stay. Can she be illegal right now.

She is not illegal. She will not have problems.

Will she face any issues when she goes for her interveiw for her adjustment of status. Please let me know.
THanks!

Why do you think she will have problems? Her I-485 was filed when she was in legal status, so technically, she never overstayed.