Parents leaving US and returning while I-131 travel parole is pending

techfreak82

New Member
My parents are currently in US on a multi-entry visitor visa. I am interested in filing for their permanent resident application AOS (I am a US citizen) while they are staying with me in the US. They are planning to travel back to India in mid-November and then return again in January. They may also visit Canada on a tourist visa in September. My question is that once I apply for their AOS along with travel parole, can they travel back to India (or even to Canada) and return on their multi-entry visitor visa if the travel parole is not received before their departure?
 
If they leave while AOS is pending and before their Advance Parole is approved, they automatically abandon their AOS.
 
Although evidently this happens quite often on this forum, entering the US as a tourist with the pre-conceived intent to immigrate (which you have mentioned) is visa fraud. That being said, staying in the US till November, and returning back two short months later is a flag that CBP could question your parents on at the January poe.

As the post above notes, exiting the US without AP is abandoning AOS and risking the B2 altogether.
 
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