Parent's I-130/I-485 application and expiring I-94

K

kilukily

Registered Users (C)
Hi

I am a US citizen and applied for my father's GC back in May 2012. So far only EAD has been approved and nothing else. His I-94 expires in first week of November and is scheduled to go back. What are my options?

What happens to his application if he leaves before I-130/I-485 is appoved?

Please let me know

Thanks
Regards
K
 
Once the I-485 has been properly filed, the I-485 applicant is allowed to remain in the US until the I-485 is decided, even after the I-94 expires. So he doesn't need to go back because of I-94 expiration.

If he has other reasons to go back while the I-485 is pending, like work or personal obligations, he needs Advance Parole otherwise the I-485 will be denied. The Advance Parole must be approved before he leaves the US. Did he apply for Advance Parole?
 
Last edited by a moderator:
kilukily said:
Hi

I am a US citizen and applied for my father's GC back in May 2012. So far only EAD has been approved and nothing else. His I-94 expires in first week of November and is scheduled to go back. What are my options?

What happens to his application if he leaves before I-130/I-485 is appoved?

Please let me know

Thanks
Regards
K
Click to expand...

Is his EAD really a "Combo Card" with an annotation about advance parole or I-512*?

*I-512 is the form number of an approved Advance Parole request.
 
No we did not apply for advance parole

He does not need to leave if he can stay. I guess I did not know if I-485 is pending as Adjustment of Status, while he is on Visit B visa, he could stay here even after I-94 has expired
 
While I-485 is filed and pending you are require to take advance parole and leave country, if they choose to leave without advance parole it is assumed that I-485 is abandoned.
 
whitemimauz3 said:
While I-485 is filed and pending you are require to take advance parole and leave country, if they choose to leave without advance parole it is assumed that I-485 is abandoned.
Click to expand...
What are you talking about? While I-485 is pending you are in authorized stay and NOT required to leave US. If you want to travel, you need approved advanced parole.
 
I meant to write "you are required to take advance parole should you choose to leave country for short trips"
 
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