Can my parents travel outside US during 130, and 485 application?

J

jzw

New Member
Hi,

I applied for greencard for my parents in June. I sent in 130 and 485 application together. They got their fingerprinting done on July 12. They are currently in the US. But they have travel plans and are going to leave on Sept. 25. Not sure if it is ok to do so. Their B visa will expire some time in Oct I believe.
 
If they leave the US without an approved Advance Parole, their I-485 will be denied. They also cannot reenter with the B visa, now that they've directly demonstrated immigrant intent by filing the I-485. Did they apply for Advance Parole along with the I-485? If they plan on leaving without Advance Parole, you'll need to file I-824 to switch them to consular processing, and they'll complete the GC process outside the US.
 
I didn't apply for advanced parole for them. I will do that. What if the case is rejected, although not likely, while they are outside the US? Can they still come back using advanced parole?
 
If the Advance Parole is approved when they are not inside the US, it will not be valid for reentry. So hurry up and apply now, so they might have a chance of getting it approved before Sep. 25. Make sure to include a copy of the I-485 receipt with the application. There is no fee for the Advance Parole (the cost is built into the I-485 fee).

If it is close to Sept. 25 and it's still not approved, they will need to visit a USCIS office to request an emergency Advance Parole.

If the I-485 is denied, they won't be allowed back into the US with the Advance Parole. They also might never be able to reenter the US with a tourist visa, given that they already attempted to immigrate after entering with a tourist visa. However, depending on the reason for the I-485 denial, they may still be able to obtain a green card through a US consulate.
 
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