can my parents using B2 visa with AP during GC application

K

keephope

New Member
Hi, I am starting the GC application process for my parents and since they stil have valid B2 Visa ( 1 year multiple entries) till May 2010, so I wonder if they can leave and come back US during the application process using their B2 Visa with AP. If so, it' not necessary for me to apply AP for them, am I right? Your early help is much appreciated.
 
Once a I-485 is filed they will need AP to leave the U.S or else they will be considered to have abandoned the I-485/GC if they leave the U.S with out the AP though they have a BI/B2 visa.
 
Also if they leave without AP then not only do they abandon their applications but they will probably not be readmitted since B2 is a nonimmigrant tourist visa and the AOS application indicates immigration intent.

Any more details about this application? What is the basis of sponsorship? How did they have a sponsor if they entered on a tourist visa?
 
Once they file I-485 they can't use the B1/B2 visa again. If they want to keep using the visa while pursuing a green card they have to use consular processing instead of I-485.
 
This is not true for folks on valid H1b right? i.e. traveling outside the country after filing I-485 (prior to receiving the AP) is not considered abandoning your AOS application .. correct?

Nav102 said:
Once a I-485 is filed they will need AP to leave the U.S or else they will be considered to have abandoned the I-485/GC if they leave the U.S with out the AP though they have a BI/B2 visa.
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neo_ny said:
This is not true for folks on valid H1b right? i.e. traveling outside the country after filing I-485 (prior to receiving the AP) is not considered abandoning your AOS application .. correct?
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Yes , if the H-1 B Visa applicant maintains the H-1 Status instead of using EAD after filing I-485 they should be o.k.
 
Thanks for all your good information. My parents got their B2 visa on May this year and came to US using B2 visa on June. Then I got my citizenship at the end of June and my parents decided to have green card original they didn't plan to have GC that soon, so I plan to file Family based green card application for them this week. Since they have valid mutliple entry B2 visa, I just wonder if I need to apply AP for them or not. Now basing on your info, it seems that I have to apply AP for them.

But I just wonder what is the difference to continue using H1B visa and B2 which both are non-immgration visa. Since I know my friends had used H1B visa to enter US while waiting his I-485 approval, so I assumed B2 is same.
 
H-1 B visa holders can have dual intent (work and perm residency) , where as B-1/B-2 visa holders are strictly non-immigrant only.
 
What Nav102 said. I don't know much about B2/parental applications or if they are likely to succeed in adjusting status. Didn't the consular officers ask about family in the U.S.A. when they applied for tourist visas? Did they disclose that you were in America when they applied?
 
If they came to the US in June, I would seriously advise you not to file for their AOS until September.

keephope said:
My parents got their B2 visa on May this year and came to US using B2 visa on June. Then I got my citizenship at the end of June, so I plan to file Family based green card application for them this week.
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