Applying for AP for parents (GC in progress)

[JT_5659]

Hello,

I applied for my parents GC in February, 2022 (concurrent I-130/I-485) and there has been no movement on the case since September, 2022. Upon inquiry, the USCIS has indicated that their cases are being transferred from the National Benefits Center to the local field office, but there has been no indication of timeline and processing time.

Can I apply for Advance Parole so that my parents can travel to India? Also, if approved, how long can they be out of the United States? They have visitor visa, but the allowed 6 month stay has long elapsed. Please advise.

thanks,

JT

[newacct]

Yes, they can apply for Advance Parole for free by filing I-131 with a copy of the I-485 receipt. They cannot leave until the Advance Parole is granted, and will need to return with the Advance Parole before it expires. There are no rules on how long they can be outside the US.

[Attorney_6]

Hi, you can monitor processing times for different types of applications on the USCIS website at the following link: https://egov.uscis.gov/processing-times/ This should give you an idea of how long of a wait you have ahead of you.

Yes, they are able to apply for their Advance Parole at this time, and would need to wait for it to be approved and in hand prior to traveling outside the U.S. They are generally valid for 1 year. Please note that at this time your parents are not able to travel outside the U.S. unless they hold a valid Advance Parole as otherwise they risk having their pending I-485 application denied. I would recommend you consult with one of our attorneys before your parents make any travel plans so they better understand the process and their options.