R1/R2 question! Attorney or expers please respond.

H

howdy_howdy

Volunteer Moderator
I am posting this thread on behalf of a priest that I know of. An early
response is greatly appreciated.

He has applied for I140 this year and would like to apply for AOS by this coming March/April. His family (wife and children) has R2 visa and he wants them to come to the US by then and apply for AOS along with his application.

The question he has is, is it okay if they apply for AOS and go back to their home country without AP? Since R1 is not dual intent, he is not sure if
they need AP before they travel back to their home country! If they don't need AP then is it ok if they are out of the country when their AOS is adjudicated?

Attorneys/Gurus, please respond as early as you can as he needs to get the flight tickets! He cannot afford to hire an attorney so I am posting this on his behalf!

Thanks and God bless!
howdy_howdy
//
 
howdy_howdy said:
I am posting this thread on behalf of a priest that I know of. An early
response is greatly appreciated.

He has applied for I360 this year and would like to apply for AOS by this coming March/April. His family (wife and children) has R2 visa and he wants them to come to the US by then and apply for AOS along with his application.

The question he has is, is it okay if they apply for AOS and go back to their home country without AP? Since R1 is not dual intent, he is not sure if
they need AP before they travel back to their home country! If they don't need AP then is it ok if they are out of the country when their AOS is adjudicated?

Attorneys/Gurus, please respond as early as you can as he needs to get the flight tickets! He cannot afford to hire an attorney so I am posting this on his behalf!

Thanks and God bless!
howdy_howdy
//
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In my opinion persons having R-1 or R-2 visa need AP to travel after filing I-485.
Only H and L visa holders are exempt from this requirement. Please see the exemption provided under 8 CFR 245 2 a 4 (ii) C & D reproduced below:
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa ( if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status. (Revised 11/1/07; 72 FR 61791 )


(D) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful V status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is admissible as a V nonimmigrant. (Added 9/7/01; 66 FR 46697 ) //
Click to expand...
 
howdy_howdy said:
The question he has is, is it okay if they apply for AOS and go back to their home country without AP? Since R1 is not dual intent, he is not sure if they need AP before they travel back to their home country! If they don't need AP then is it ok if they are out of the country when their AOS is adjudicated?
Click to expand...

It's not OK. They need AP. If they intend to return back to their home country then they should do Follow to Join.
 
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