Question about I 485/Advance Parole

Y

ykzzz

New Member
Due to some circumstances I could not file my wife's green card with mine. My wife is on Advance Parole and is currently in India. She is expected to give birth in October.

1. Will there be any visa complications if the baby is delivered in India?
2. Will the baby be able to return with my wife? Should I apply for a visa for the baby as well?
3. Since I already have a green card and as my wife is on Advance Parole, will there be any complications for her return to US after giving birth in India?
 
Due to some circumstances I could not file my wife's green card with mine. My wife is on Advance Parole and is currently in India.
---- If you have not filed your wife I-485 then how she got the Advance parole? She has to be back to US before her Advance parole expires if she can’t come back to US before AP expiry date her AOS will be abandoned. If she has valid H4 visa in her passport then she can use H4 visa to come back to US and baby can also get H4 Visa if you are still maintaining H1B status with your employer (EAD not used by you)
The Answer to your question depends on few questions to you:
1 Did you file I-485 for your wife and then she got AP
2 What is your status? Do you still maintain your H1 status or working on EAD
****You need to consult immigration attorney immediately and find out your options. You can avoid all the problems if your wife comes back to US with valid AP and give birth to baby in US, then baby will be US Citizen.
She is expected to give birth in October.

1. Will there be any visa complications if the baby is delivered in India?
2. Will the baby be able to return with my wife? Should I apply for a visa for the baby as well?
3. Since I already have a green card and as my wife is on Advance Parole, will there be any complications for her return to US after giving birth in India?
 
I do have a green card. I filed I-485 a while ago. She does have a valid Advance Parole. My H1-B has expired as a result of which my wife's H4 is no longer valid.
 
“I do have a green card. I filed I-485 a while ago. She does have a valid Advance Parole. My H1-B has expired as a result of which my wife's H4 is no longer valid”
-- Your wife filed I-485 while she was in US and got AP. She should enter US before her AP expires if not her I-485 will be abandoned.

-- talk to your lawyer,
 
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