Can AOS applicant return from emergency travel with AP that got approved after the applicant left USA?

AnyTimeNow

Registered Users (C)
I am USC and applied for my father's green card (concurrent process 130/485/131) while he was here on B2 visa. He needed to leave urgently to attend his sister's funeral. Advance parole approval came much later while he was abroad.

It seems like now he will be denied entry at POE with the advance parole that came after he left. What are our options here? Can we ask USCIS to cancel the application so he can return on exiting B2? Or does he need to reapply for B2 visa too?
 
Given that he has already once entered on a B2 and proceeded to file for adjustmnet of status after that, the chances of him being allowed to enter again on a B2 are pretty much nonexistent in my opinion. His immigrant intent is obvious and his past misuse of B2 in this regard would count against him. Best he waits out the I130 process in his home country and makes his next entry on his immigrant visa after his interview.
 
Lawyers on AVVO suggest to move the case from AOS to Counselor Processing, so you save on i130 processing time and there is continuity to your case, but of course you have to wait for i824 processing to move the case from AOS to CP.

Anyone has tried switching processing routes this way? or suggestions? Thank you.
 
Top