I-485 approved while abroad with AP, will it complicate passport/N600 filing?

W

Warura

New Member
Hello, Good Day. I haven't found a clear answer to my question on any immigration groups, hopefully someone knows and can help me.

I am a US citizen, and my son (a minor 15y) just got his I-485 approved while we are still abroad. We have been using his Advanced Parol in the past a couple of times without a problem to visit family and manage paperwork abroad since my father-in-law passed away. We have lived inside the US for 2 years, while also waiting for the adjustment of status but got the AP after our unfortunate event. We travel only by land, if that matters, so no passport has been needed when crossing the border, just his AP.

I have read that when I-485 is approved when abroad, we can use either the AP or the GC if we can get it delivered on time to re-enter the US, but that's not my concern.

When we started the I-485 process the preparer we hired stated, that once he was approved, we needed to file for the passport/N600 and not use the GC to travel abroad. Will this complicate the process of getting the passport/N600 or why would he mention this? We now have to re-enter with the new info in hand AP or GC (if it gets delivered and we can get it before his return), and apparently it also will depend on the officer that will process us in the border how he registers my son's entrance, AP or GC.
 
For people who have the AOS approved while they are abroad with AP, the AP only serves the purpose of getting the airline to board you. Once you get to the US port of entry and tell the officer that your AOS is approved, they should look you up and admit you as a permanent resident, and not parole you in. Since you guys are entering by land, the AP therefore has no purpose; your son can just go to the US land port of entry and show them the evidence of AOS approval to be admitted as a permanent resident.

As for automatic citizenship under INA 320, I am not sure in this case whether it happens when the AOS is approved or when he enters the US again. The text of INA 320 has the requirement that "The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence". I am not sure whether the child would have "a lawful admission for permanent residence" when AOS is approved if they were abroad at that time. If they would only be considered to be admitted as a permanent resident when they return, then it's correct to seek admission as a permanent resident. On the other hand, if he is already a US citizen, there are no real negative consequences from presenting himself as a permanent resident at the port of entry. Many children who technically became US citizens under INA 320 still use their green cards for years afterwards, often from ignorance that they became US citizens.
 
I am also confused about the technical aspects. On one hand, technically, he hasn’t been inside the US as a Legal Permanent Resident, even though we have been living in the US waiting for the Adjustment of Status. Coincidentally, his approval came while we had to travel. From your wording, I understand that when he returns and is admitted as an permanent resident with me, it would prove he is with me, inside the US, and in my custody. Until that moment, he complies with the rule and should be considered a US citizen.

Regardless of where he is when approved, does the evidence showing he resides with me have to be from this point forward, or can the information we have from the past two years be valid for filing his passport as soon as we return? I have school records, medical records, and he has a minor savings account.
 
Also, fogot to mention, it's not like we travel abroad for many weeks, we literally just travel a couple of days... this time we just wanted to be 4 days with family and try to finish some paperwork. It just hit us on surprise my son's approval and did not know how to proceed.
I mention this cause you made reference about him being abroad when approved and that until he enters he could establish residency. Isn't residency how it is defined in the USCIS documentation, basically the place where you rest more than 180 days a year, which us basically where we live inside the US?
 
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