Travel prior to green card

[mikeleighb 0]

If anyone has any knowledge or experience in this subject, my family will be greatly appreciative. We are at a loss, and unable to find anyone that knows anything.

My wife (now a US citizen) and I filed an i-130 and i-485 for my mother-in-law while she was visiting on a tourist visa. She has so far received her approval letter and had her biometrics done. I have no idea how long it takes after biometrics for the green card to arrive.

Our question is about whether or not she can leave the country before the green card arrives. She needs to return home for a funeral shortly and will probably need to be there for a few months. Can she travel using her approval letter? Can I mail her the green card when it arrives? Does anyone know? Her tourist visa is of course expired and she was allowed to stay pending approval but can she travel pending? I am afraid that if she tries to go through customs they will see her expired visa only and perhaps give her a hard time (she speaks no english) or put her name on some sort of block list in the computer system for the future to keep her out.

I called USCIS twice now and of course neither person knew anything about anything. They can only read what I already can see on the website. One told me that he wasn't sure but he thinks we need to file for a re-entry permit but that it would probably take a few months to get that. I thought that the re-entry permit was necessary for people that were leaving the country for an extended time anyway and it wouldn't apply here. But how can I know anything when USCIS workers don't even know? The last guy just told me to call Customs and border control and ask them. Unfortunately they are closed until Monday, but I'm not holding out much hope that they'll be any better.

And believe me, this is not the first time I've had these issues, it's every time. I'm sure you all know what I mean. I called to ask for help with the instructions on the i-130 and the young man told me that he can't help me and if I don't understand the instructions I should call a lawyer...

But I digress.... So does anyone know anything about this? Or do you know of anyone or any organization that I can reach out to? My poor wife is a wreck over this

thank you all for your time.

[didopage 337]

She needs to file for an Advance Parole (I-131). It will be free based on her pending I-485 application (fees are waived).

If she leaves without the AP, her I-485 will be considered abandoned.

One thing though, did you guys file for I-130/I-485 while her tourist visa was still valid? If not, and if you filed after 180 days of overstay, I would not suggest filing and using an AP, as she may not be allowed back to the US. In that case, she would need to wait for her green card to travel out of the country.

Edited April 5, 2013 by didopage

[mikeleighb 0]

She needs to file for an Advance Parole (I-131). It will be free based on her pending I-485 application (fees are waived).

If she leaves without the AP, her I-485 will be considered abandoned.

One thing though, did you guys file for I-130/I-485 while her tourist visa was still valid? If not, and if you filed after 180 days of overstay, I would not suggest filing and using an AP, as she may not be allowed back to the US. In that case, she would need to wait for her green card to travel out of the country.

Do you have any idea how long that takes? I see that we are inelegible to apply online. If I overnight it tomorrow, will it be a few weeks or a few months?

[didopage 337]

Do you have any idea how long that takes? I see that we are inelegible to apply online. If I overnight it tomorrow, will it be a few weeks or a few months?

It takes 2-3 months. You may be able to expedite if she shows valid proofs of an emergency. Try making an Infopass appointment at your local USCIS office, it may work.

[didopage 337]

The USCIS hotline is pretty useless, those guys don't know anything about the USCIS procedures. They are usually more knowledgeable at the USCIS offices, so they will know what you're talking about if you tell them than you need an Advance Parole document and to ask if it can be expedited.

Edited April 5, 2013 by didopage

[mikeleighb 0]

She needs to file for an Advance Parole (I-131). It will be free based on her pending I-485 application (fees are waived).

If she leaves without the AP, her I-485 will be considered abandoned.

One thing though, did you guys file for I-130/I-485 while her tourist visa was still valid? If not, and if you filed after 180 days of overstay, I would not suggest filing and using an AP, as she may not be allowed back to the US. In that case, she would need to wait for her green card to travel out of the country.

Thank you so much for the information. We filed the i-130 while the visa was still valid. We did not file the 485, though until a few months ago. She has not overstayed her visa by 180 days yet, but it expired early november so it is getting close. Not sure how that affects our situation. hopefully you know.

[bigdog 376]

Ap and EAD come together on one card, apply for both anyway, free with your original filing, about 2 months max,to get the AP, got ours in less than a month (filed for AP after filing the I485).

[Darnell 8,478]

1. I would worry about the overstay, as it's not forgiven until the greencard is issued.

2. usually, without AP in hand, leaving the USA sends signal to USCIS that the AOS is abandoned.

3. AP can be gotten, but would it work? I'd worry about #1 and #2 . Why you not file for it when filing the I-485 ?

4. I think your timing was off, should have filed I-130 + I-485 plus all ancillary forms, together, first time.

Edited April 6, 2013 by Darnell

[Penguin_ie 5,987]

*** Moving from AOS from Family Visa (OP's MIL came on a tourist visa) to TRavelling During US Immigration ****

[Darnell 8,478]

Thank you so much for the information. We filed the i-130 while the visa was still valid. We did not file the 485, though until a few months ago. She has not overstayed her visa by 180 days yet, but it expired early november so it is getting close. Not sure how that affects our situation. hopefully you know.

Was there a particular reason you filed 'in this fashion' ?

I ask, because folk wanting 'faster' file concurrently, not serially.

when you write 'visa' here, did you mean I-94 ? I hope so, as it's the I-94 dates that govern her time in the USA, not the visa.

[mikeleighb 0]

Was there a particular reason you filed 'in this fashion' ?

I ask, because folk wanting 'faster' file concurrently, not serially.

when you write 'visa' here, did you mean I-94 ? I hope so, as it's the I-94 dates that govern her time in the USA, not the visa.

No there was no real reason for our method. Probably just lack of knowledge. We weren't in a hurry at that time.

Yes, I did mean 1-94 when I wrote visa. I mean she got the b2 visa and then received i-94 when she arrived. I guess none of this matters now but that is how we got here.

[Darnell 8,478]

well, the I-94 dates matter, only when she is out of status.

again, it's 'forgiven' once the AOS is approved and the green card is issued.

Sorry for your plight - I feel that if she leaves, USCIS will consider her AOS abandoned even with AP.

It's a slippery slope, to be certain..

Apologies if it seemed like I was beating you up, there - not my intention at all.

[Dave&Roza 748]

If anyone has any knowledge or experience in this subject, my family will be greatly appreciative. We are at a loss, and unable to find anyone that knows anything.

My wife (now a US citizen) and I filed an i-130 and i-485 for my mother-in-law while she was visiting on a tourist visa. She has so far received her approval letter and had her biometrics done. I have no idea how long it takes after biometrics for the green card to arrive.

Our question is about whether or not she can leave the country before the green card arrives. She needs to return home for a funeral shortly and will probably need to be there for a few months. Can she travel using her approval letter? Can I mail her the green card when it arrives? Does anyone know? Her tourist visa is of course expired and she was allowed to stay pending approval but can she travel pending? I am afraid that if she tries to go through customs they will see her expired visa only and perhaps give her a hard time (she speaks no english) or put her name on some sort of block list in the computer system for the future to keep her out.

I called USCIS twice now and of course neither person knew anything about anything. They can only read what I already can see on the website. One told me that he wasn't sure but he thinks we need to file for a re-entry permit but that it would probably take a few months to get that. I thought that the re-entry permit was necessary for people that were leaving the country for an extended time anyway and it wouldn't apply here. But how can I know anything when USCIS workers don't even know? The last guy just told me to call Customs and border control and ask them. Unfortunately they are closed until Monday, but I'm not holding out much hope that they'll be any better.

And believe me, this is not the first time I've had these issues, it's every time. I'm sure you all know what I mean. I called to ask for help with the instructions on the i-130 and the young man told me that he can't help me and if I don't understand the instructions I should call a lawyer...

But I digress.... So does anyone know anything about this? Or do you know of anyone or any organization that I can reach out to? My poor wife is a wreck over this

thank you all for your time.

You could try an INFOPASS apointment given that she has a funeral coming up and has a need to leave the US and be able to re-enter. They might give her AP in order to attend the funeral. Take all revelant information to the INFOPASS appointment and see what happens.

Good luck,

Dave