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delhi789

i-131 Travel Doc pending and urgency of travel

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Dear experts

Filled my mom GC based on family GC Sponsorship while she is here in US . Receipt date as 31 Oct 2018. Biometric completed on 12/27. We have an urgency to travel to India due to unavaoidable circumstance. 

As I understand with AP, cant travel else GC process is considered as abandoned. Would like to know if mom travel and GC process is abandoned,

 

1. can she still travel on her existing visitor visa which is valid for 10 years or that visa is no longer valid ?

2. Can I apply for her GC again in future ? what are repercussions here ?

 

Please advise asap

 

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8 hours ago, delhi789 said:

Dear experts

Filled my mom GC based on family GC Sponsorship while she is here in US . Receipt date as 31 Oct 2018. Biometric completed on 12/27. We have an urgency to travel to India due to unavaoidable circumstance. 

As I understand with AP, cant travel else GC process is considered as abandoned. Would like to know if mom travel and GC process is abandoned,

 

1. can she still travel on her existing visitor visa which is valid for 10 years or that visa is no longer valid ?

2. Can I apply for her GC again in future ? what are repercussions here ?

 

Please advise asap

 

If it's a very urgent situation like an immediate relative is dying or just died, she can try to apply for Emergency AP in person at the local USCIS office. Otherwise, if she leaves the US without AP while her AOS is pending, she automatically abandons it. Her I-130 petition would still continue processing and eventually get approved, but she would have to do Consular Processing abroad for an immigrant visa, since she would not have any way to return to the US to do AOS (she is not supposed to enter on a visitor visa with intent to do AOS during that stay).

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Can we apply for AOS to GC and an AP at the same time in case it is required for emergency travel.  Isn't Canada allowed either?

Edited by johnmc

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3 hours ago, johnmc said:

Can we apply for AOS to GC and an AP at the same time in case it is required for emergency travel.  Isn't Canada allowed either?

Yes, it's a good idea to file I-131 for AP and I-765 for EAD together with your I-485 filing.

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