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karanvik@yahoo.com

Parents GC Filed, can they travel??

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I am a US Citizen and have petitioned for my Mother and Father. Details:

  • I-130, I765 and I485 all submitted together on 08/28/2018
  • Notice Date 09/7/2018
  • Bio-metrics completed 09/28/2018
  • The case is now at Lees Summit, Kansas, Missouri

They do have a 10 year multiple entry B2 Visa. The case was filed when they were in US. There is no movement on the case. With AOS pending can they travel back to home country?

The plan will be to travel back into US when the interview is scheduled. This will lead to a new I94. Will that be an issue?

Any guidance will be appreciated.

 

Thank You.

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They would have to have an approved AP. If they travel abroad without AP their I-485 would be considered abandoned.

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They cannot leave while I-485 is pending unless they've been granted Advance Parole before they leave, and they return during the validity period of that Advance Parole. Otherwise they will automatically abandon their AOS. They should have applied for Advance Parole for free with I-131 with their I-485. If they didn't, they can apply for it now, though it may take 5-6 months to get.

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5 hours ago, care_candidate said:

When they travel before approval of AP, their AP gets abandoned automatically for not following rules, however AOS processing continues

Not true. Leaving the US while AOS is pending automatically abandons AOS, unless 1) they are granted AP before leaving and return on that AP, or 2) they have H1b/H4/L1/L2/K3/K4/V status right before leaving and return on the same type of visa. Since they are on B2 status, #2 doesn't apply, so they need to be granted AP before leaving or they will abadon AOS.

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31 minutes ago, newacct said:

Not true. Leaving the US while AOS is pending automatically abandons AOS, unless 1) they are granted AP before leaving and return on that AP, or 2) they have H1b/H4/L1/L2/K3/K4/V status right before leaving and return on the same type of visa. Since they are on B2 status, #2 doesn't apply, so they need to be granted AP before leaving or they will abadon AOS.

Technically, AP was applied for, but has not been approved. Applicants left the US before AP approval. 

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Hi Friends,

I am not seeing conclusion on this topic. My parents also in the same situation. I applied for GC and also AP. Their date of journey back is June 22nd but we didn't get AP approval yet. I understand if they travel before the approval their GC application becomes invalid. I would like to know if they extend their stay beyond the date on I-94, does their Visitor visa become invalid? Please advise what needs to be done. 

 

Thanks,

Sarath G

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On 6/17/2019 at 11:07 AM, srgonu said:

Hi Friends,

I am not seeing conclusion on this topic. My parents also in the same situation. I applied for GC and also AP. Their date of journey back is June 22nd but we didn't get AP approval yet. I understand if they travel before the approval their GC application becomes invalid. I would like to know if they extend their stay beyond the date on I-94, does their Visitor visa become invalid? Please advise what needs to be done. 

 

Thanks,

Sarath G

They are AOS pending, don't worry about i-94, and only travel in/out of US within validity period of Advance Parole.

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20 minutes ago, veni001 said:

They are AOS pending, don't worry about i-94, and only travel in/out of US within validity period of Advance Parole.

For that the AP needs to be approved. As per the poster, that hasn't happened yet: "we didn't get AP approval yet". They are legal to stay but can only travel abroad when the AP is approved.

 

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