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roger_sam

Travel without Advance parole, but GC came in mail

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Hi,

I applied for my parents GC while there were visiting me in the US.  After doing finger printing process, we were waiting on Advance parole (Travel doc) since we applied I-130, I-131 and I-485 together.  The Advance parole didn't come and they had to return back.  We tried the emergency parole doc, but couldn't prove the emergency.  After few months, GC came in the mail.  Would there be any questions / issues when they re-enter with the GC since they didn't stay for Advance parole before they left?

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On 12/8/2019 at 6:59 PM, roger_sam said:

Hi,

I applied for my parents GC while there were visiting me in the US.  After doing finger printing process, we were waiting on Advance parole (Travel doc) since we applied I-130, I-131 and I-485 together.  The Advance parole didn't come and they had to return back.  We tried the emergency parole doc, but couldn't prove the emergency.  After few months, GC came in the mail.  Would there be any questions / issues when they re-enter with the GC since they didn't stay for Advance parole before they left?

Yes, because, assuming they left before their AOS was approved, their GCs were issued in error. Leaving the US while their Adjustment of Status (I-485) was pending automatically abandons their AOS, unless they had H1b/H4/L1/L2/K3/K4/V status before they left (which they didn't) or they were granted Advance Parole before they left (they weren't). It's quite possible that the immigration officers won't notice this, and they will be able to enter, but at any future time when they apply for any benefit, e.g. naturalization, or in a future entry, it can be noticed and they can be denied entry. If they are let into the US somehow, it should be possible for them to do AOS again.

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