Child of USC travelling before AOS approved

[michel007 5]

Hi,

 

I think this was asked before however I'm having hard time find the exact question. I filed for my child (under 21) I-130 then he came over from Europe before having I-130 approved. So, we decided to file AOS (I-485, I-131 and I-7xx for EAD) 

 

What would be the effect if he travel back to Europe before AOS approved?

 

 

 

 

[HRQX 4,145]

5 minutes ago, michel007 said:

What would be the effect if he travel back to Europe before AOS approved?

When were the forms filed? Has the I-131 for Advance Parole already been approved?

[michel007 5]

Chicago, we received receipts for all forms but no specific approval yet.

 

Chicago because this is the office mentioned in I485 form for USC children.

Edited August 20, 2021 by michel007

[SusieQQQ 11,586]

If he travels without an approved advance parole (AP) document, the AOS application will be abandoned. He can wait in his overseas country to receive a visa if travel absolutely has to happen before AP. 

[HRQX 4,145]

56 minutes ago, michel007 said:

Chicago because this is the office mentioned in I485 form for USC children.

That is the Lockbox location. Note that I asked when, not where.

56 minutes ago, michel007 said:

but no specific approval yet.

Leaving without Advance Parole means the I-485 will be abandoned.

 

On the I-130 petition, was "consular processing" specified/selected?

Edited August 20, 2021 by HRQX

[aaron2020 11,651]

3 hours ago, michel007 said:

Hi,

 

I think this was asked before however I'm having hard time find the exact question. I filed for my child (under 21) I-130 then he came over from Europe before having I-130 approved. So, we decided to file AOS (I-485, I-131 and I-7xx for EAD) 

 

What would be the effect if he travel back to Europe before AOS approved?

 

 

 

 

If he travels outside the US before receiving Advance Parole, then he abandons the AOS.  His ESTA/VWP will be revoked for immigrant intent.  You would have to choose consular processing and transfer the case to the NVC after the I-130 is approved.  He would need to wait for an immigrant visa to return to the US.  

Wait for AP if possible so the AOS does not become abandoned and he can return to the US to finish his AOS.

Edited August 20, 2021 by aaron2020

[HRQX 4,145]

34 minutes ago, aaron2020 said:

You would have to choose consular processing and transfer the case to the NVC after the I-130 is approved.

Yup; and Form I-824 may be needed after I-130 approval.