Is it possible to convert from AOS to CP?

usimmigrant2009

Registered Users (C)
My parent's family based greencard is filed. They currently have a RFE and for obtaining the documents required in the RFE, they wish to go to India and get them (there aren't many reliable sources in India who can get it for them). If they go to India in the current state of AOS processing, their case might get denied due to 'abandonement'. So, is it possible to change the AOS to CP so they can go to India and continue processing from India?

Your assistance will be much appreciated.


Thanks,
usimmigrant2009
 
As long as their Advance Parole was applied for and approved before they leave the US, and they return to the US before it expires, their departure from the US won't be considered abandonment.

To answer your original question, yes it is possible to switch to CP. Just file form I-824.
 
As long as their Advance Parole was applied for and approved before they leave the US, and they return to the US before it expires, their departure from the US won't be considered abandonment.

To answer your original question, yes it is possible to switch to CP. Just file form I-824.

Thanks for your reply Jack. Their I-130, I-485 and AP was filed simultaneously. Their I-130 and I-485 are on hold as a RFE is raised. Would their AP be approved even if the other stages are on hold?

Also, I thought that the I-824 can be filed only after I-130 is approved..

Thanks,
Parag
 
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