FAMILY IMMIGRATION 1-131PENDING , TRAVEL WITHOUT AP

[puppyparker]

My sister who is an US Citizen filled an application for my parents to immigrate who were visiting her and were in US , she did concurrent 1-131 and I-485 filling and the application was received on 2/20 by USCIS. My mom had some health issues and they left yesterday(2/23) without AP or petition approved for India.

 

What are the consequences of  this?

1. They can’t travel to US on Tourist VISA anymore?
2. Do they have to wait till I-131 is approved and then file for I-824 to transfer the case to embassy in India and wait for processing which could be 6months -2 years?
3. If they have to wait for 2-3 years for processing and application to approve, is there any way they can travel to US? What in a case of emergency or for supporting the child?

APPRECIATE ANY LIGHT YOU CAN SHED ON THIS to understand what we should do now.

[JoeF]

The I-485 is considered abandoned due to travel without AP.

Since an I-130 was filed, i.e., immigration intent was shown, it is pretty much impossible to travel to the US on a tourist visa. Tourist visas don't allow immigration intent.

Consular Processing is the only way to go.

[t75]

They left and must now wait.  The processing should not take 2-3 years.  An "emergency" for supporting child is NOT something like pregnancy.  A true emergency can be addressed.

[catx]

Leaving the U.S. while an I-485 adjustment of status (AoS) application is pending without approved and received advance parole (AP) is deemed as abandoning the I-485 AoS application.  A person will also not be able to return on a B tourist visa as they have clearly demonstrated immigrant intent.  You need to consult with a qualified, experienced immigration attorney to determine and assess the available options (such as consular processing).

[puppyparker]

Thank you for the responses!