Travel back from Home Country

[mommyb]

My mom came here in Dec 2015 on her tourist visa (valid until 2020). I applied for my mom's green card in March 2016 (I-130 and I-485).

An emergency has come up and she needs to go back. Her I-94 expired in June, but with I-485, her adjustment of status is pending. We have not received an interview notice yet. I was thinking of applying for advance parole doc (I-131) but I heard that takes a few months and doesn't guarantee admission. Is it possible for her to still re-enter with her tourist visa?

[ramz]

Travel back from Home Country

No..

[Mzander]

Her application will be considered abandoned and she won't be able to get back into the country. You can get an Infopass appointment and explain your situation to an officer. If they deem it a legitimate emergency, they might help you out but it's still going to take some time to get the travel permit.

[daggit]

..which is why it's never prudent to AOS on a b1\b2 for scenarios like these; a good number of folks pick this shortcut to escape being interviewed at an embassy overseas.
There should be a law that disallows AOS from a tourist visa.