Parents to Travel out of USA while Green card is in process

[Babu-INDIA 0]

Hi ,

 

I filled Greencard for my parents while they are in USA during Jan2022. I filled I-130, 485, 131 and completed Biometric process also. My parents has to travel to India due to family event, Please share whether they can travel outside USA while GC application is in process. still I-130 is not yet approved. 

 

Will be there any issue to return back to USA in another 2 or 3 months as they completed almost 6 months in USA on B1/B2 Visa. 

 

 

[canadian_wife 1,791]

Do they have their advanced parole document?

 

Good luck

[Babu-INDIA 0]

They applied I-131 ( advance pay role) during GC submission itself,  which is not yet approved.

[Tanish 197]

@Babu-INDIA,

 

I sent you a PM with some questions. Please have a look.

Thank you.

[Crazy Cat 39,271]

29 minutes ago, Babu-INDIA said:

Hi ,

 

I filled Greencard for my parents while they are in USA during Jan2022. I filled I-130, 485, 131 and completed Biometric process also. My parents has to travel to India due to family event, Please share whether they can travel outside USA while GC application is in process. still I-130 is not yet approved. 

 

Will be there any issue to return back to USA in another 2 or 3 months as they completed almost 6 months in USA on B1/B2 Visa. 

 

 

 

12 minutes ago, Babu-INDIA said:

They applied I-131 ( advance pay role) during GC submission itself,  which is not yet approved.

They can leave the US...but they will abandon their I-485...otherwise, they must have either approved I-131 or a Green Card.

[Timona 3,941]

They have 2 choices:

1. Leave  without AP and go to this family event AND start the process afresh in India. New fess will have to be applied. Add to new timeline. New timeline doesn't pick from where you left.

2. Stay put and wait for AP.

 

My advice: 2

[Ontarkie 13,917]

~~MOved to Working and Traveling, from Brining Family of USC - the Topic as about traveling before AP~~

[Babu-INDIA 0]

34 minutes ago, Timona said:

They have 2 choices:

1. Leave  without AP and go to this family event AND start the process afresh in India. New fess will have to be applied. Add to new timeline. New timeline doesn't pick from where you left.

2. Stay put and wait for AP.

 

My advice: 2

Thanks for your inputs. we don't know how long AP approval take place right and not sure its dependent on I-130 approval too

58 minutes ago, Crazy Cat said:

 

They can leave the US...but they will abandon their I-485...otherwise, they must have either approved I-131 or a Green Card.

thank you

[Timona 3,941]

11 minutes ago, Babu-INDIA said:

Thanks for your inputs. we don't know how long AP approval take place right and not sure its dependent on I-130 approval too

thank you

 

8 months from submission..

 

If they can't wait 8 months, then I don't know how they'll wait 18 months should they leave without it. Over to you.

[Crazy Cat 39,271]

 

1 hour ago, Babu-INDIA said:

Will be there any issue to return back to USA in another 2 or 3 months as they completed almost 6 months in USA on B1/B2 Visa. 

They need to be aware that they will lose the adjustment of status if they leave the US prior to approval of the I-131 or approval of their I-485s.  Their stay via the B2 is irrelevant.  

Edited April 4, 2022 by Crazy Cat

[retheem 553]

4 hours ago, Timona said:

They have 2 choices:

1. Leave  without AP and go to this family event AND start the process afresh in India. New fess will have to be applied. Add to new timeline. New timeline doesn't pick from where you left.

2. Stay put and wait for AP.

 

My advice: 2

So people are willing to risk their immigration journey to go for a family event? Oookay...

[igoyougoduke 1,605]

7 hours ago, Babu-INDIA said:

Hi ,

 

I filled Greencard for my parents while they are in USA during Jan2022. I filled I-130, 485, 131 and completed Biometric process also. My parents has to travel to India due to family event, Please share whether they can travel outside USA while GC application is in process. still I-130 is not yet approved. 

 

Will be there any issue to return back to USA in another 2 or 3 months as they completed almost 6 months in USA on B1/B2 Visa. 

 

 

they can travel but i-485 will be considered abandoned which means their i-131 and i-765 will be denied too 

[SalishSea 16,776]

7 hours ago, Babu-INDIA said:

They applied I-131 ( advance pay role) during GC submission itself,  which is not yet approved.

Those are taking 8-10 months.

 

Adjusting on a B visa was not the best choice if they needed to travel.

[SalishSea 16,776]

2 hours ago, retheem said:

So people are willing to risk their immigration journey to go for a family event? Oookay...

Calls into question what the intent was at the border.

[Marieke H 2,314]

The long wait before being able to travel is one of the major downsides of adjusting status from a tourist visa, which I am sure you discovered when you researched your options when they came over to visit and circumstances changed, causing them to want to stay and adjust.