Green Card for My Dad-Travelling to Canada

S

sreenve

Registered Users (C)
Hi ALL,

I have applied for GC for my Dad two weeks ago. I have filed I-130 and I-485 together. I have not got any response so far. Currently he is in US and he is on a visitor visa. We are planning to travel to Canada in two weeks time. I am planning to apply for a canadian visit visa for him. Would there be any problems for him to return to US from Canada ? I am concerned about this since we have applied for his GC and we dont want to be in a situation where he cannot get into US again?

Your inputs are very much appreciated

Regards
Venkat
 
In other words, you need to change your plans and apply for I-131 (and receive the approval) before he can leave the US and return.
 
Yes there will be problems... cancel those travel plans immediately. Once you submit an I-485, the beneficiary CANNOT leave the US until either the case has been adjudicated, or an application for I-131 advance parole has been granted. Failure to observe these restrictions is grounds for denial on the basis of abandonment.

If your father must travel during his GC application process, you should have applied for him through the Consular Processing route. Maybe its not too late to withdraw the I-485 (while keeping the I-130), but I don't know exactly how you'd do that - I guess you'd probably need to write to the Service Center where you submitted the original application. Sounds expensive too. (Fees would be forfeit.)
 
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