I-130 and I-485 pending but parents travelling abroad without AP

[marnie1]

I applied for my parents GC about 3 months back, while they are here, filing both the I-130 and I-485 simultaneously (Biometrics already completed). However, we did not apply for Advanced parole at the time. They will be travelling outside the country in a few days and I was concerned whether their leaving the country would be considered as 'abandoning' the application. Could someone clarify the following:

- Do we have to inform any agency, i.e. USCIS, before leaving the country so that the application is not considered abandoned? If so, who do we contact?
- Will they be able to re-enter the country on the visit visa originally issued to them?
- If not, how difficult is it to get an Advanced Parole while they are outside the country?

I would appreciate it if you have any recommendations as to the best way for my parents to go about leaving the U.S. while keeping their application in status.

 

[nkm-oct23]

Yes, leaving the country now without having advance parole in their hands will be considered as abandoning their application. They will not be allowed back into US without advance parole. Their visitor visa is not valid any more.

Change their travel schedule and APPLY FOR ADVANCE PAROLE NOW. It cannot be applied for from abroad and requires fingerprinting (not sure if the fingerprinting already done will be sufficient)

They had the opportunity to apply for it at the same time as I-485, not sure why it was not done. It costs nothing extra and only requires one form + photos.

 

[Jackolantern]

If they leave, the I-485 will be canceled and they will be unable to return to the US with the tourist visa.

However, that won't necessarily cancel the whole thing; the I-130 would still remain active, and when it's approved you can file I-824 to transfer the case to a US consulate in the country where they live, then they can interview for the green card at the consulate. But if they have overstayed in the US for 180 days or more, they will be banned from the US for 3 years or 10 years and the consulate will not approve them before the ban has expired.

 

[marnie1]

Thanks for the quick response. I have a few more questions:

They had the opportunity to apply for it at the same time as I-485, not sure why it was not done. It costs nothing extra and only requires one form + photos.

This was a huge oversight on our part. We were optimistic that my parents would be approved by the time they left the country. As far as costs for AP, I remember that applying for AP is $360, at least according to the USCIS website.

Change their travel schedule and APPLY FOR ADVANCE PAROLE NOW. It cannot be applied for from abroad and requires fingerprinting (not sure if the fingerprinting already done will be sufficient)

Any idea how much time it takes to get an approval for Advance parole? If it is less than a month, then we could certainly change their travel plans. It would still be within their 180 day visiting period.

when it's approved you can file I-824 to transfer the case to a US consulate in the country where they live, then they can interview for the green card at the consulate.

if we go down this route, i.e. I-824 / consular processing, then does that mean they will have to go for their Biometrics (and subsequent clearance checks) again, since they've already done their fingerprinting here?

 

[newacct]

As far as costs for AP, I remember that applying for AP is $360, at least according to the USCIS website.

Both the I-765 for EAD and I-131 for AP are free when filed based on the I-485. http://www.uscis.gov/i-485

Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131.

 

[nkm-oct23]

You already have paid for AP and EAD when you paid $1K + for I-485. It will take ~3 months to process. Theree is NO additional fee if I-485 is pending, see USCIS page for I-131.

If they leave now, the $1K per person you spent on I-485 is gone, plus you will have to file I-824 to direct approved I-130 to a US consulate and pay ~ $400 per person plus visa fees of $230 per person for the visa processing at consulate. They cannot return to US as visitors once they leave.

There is no biometrics but they will need police verification from local police station in their country once their case is sent to US consulate there. Expect 2-6 months from I-130 approval to interview.

 

[Jackolantern]

Any idea how much time it takes to get an approval for Advance parole?

Generally 2-3 months.

If it is less than a month, then we could certainly change their travel plans. It would still be within their 180 day visiting period.

What 180 day visiting period are you talking about? Once they filed the I-485, they are no longer in visitor status, but they are allowed to remain in the US legally until the I-485 is decided and are not restricted to the six month limit of the visitor status.

If there is an urgent circumstance compelling them to travel (such as a funeral or seriously ill relative, or a being a witness in a court case in the home country) and they have evidence of it, they can try for Emergency Advance Parole. See http://www.uscis.gov/portal/site/us...nnel=4c790a5659083210VgnVCM100000082ca60aRCRD

Emergency Advance Parole Documents

If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:

A completed and signed Form I-131, Application for Travel Document
The correct I-131 filing fee
Evidence to support the emergency request (e.g. medical documentation, death certificate)
Two passport-style photos.