Dad's green card approved but not in the US

sbabunle

Registered Users (C)
Hello
I applied for GC for my father on family( am citizen) in July. He left to home country in Oct after applying for parole. When he left he did not have parole approved. Got an RFE on parole saying that beneficiary left the country about 3 weeks ago. We have to submit a valid visa like H or something. While I was thinking what to do we got his green card approved and came in the mail last week.

Now question is
1. Do I need to answer the RFE ?
2. Part of me says to do not response and have them deny it.
3. Part of me says to withdraw the parole application.
4. Would my father face any issue to travel back with the new GC? Would they deny entry at POE saying its abandonded and not valid?
 
If he left without H or L status and without AP approved, then he abandoned Adjustment of Status, and the green card was issued in error. There is a good chance they will take it away at POE, or at some point in the future if they find out. But I think it may be a good idea for him to travel back anyway and insist he is a permanent resident, because the worst thing that will probably happen is that they will let him in and put him in deportation proceedings, where you may be able to file Adjustment of Status again. In the best case, they let him in without any issues, maybe you can tell USCIS about the error and then file Adjustment of Status again. Either of these are better than being stuck abroad for a year doing Consular Processing.

The AP application is irrelevant -- it will be denied anyway since he already has his GC. Although withdrawing it might prevent them from asking questions about the approved GC(?).
 
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