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Family based Greencard and Travel while pending 485.

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  • Family based Greencard and Travel while pending 485.

    Hi,
    I applied I-485 for my parents in April, which is in pending state. Not sure how long the process will take. Can they travel to India and come back when the petition is approved?

  • #2
    Originally posted by kingno1 View Post
    Hi,
    I applied I-485 for my parents in April, which is in pending state. Not sure how long the process will take. Can they travel to India and come back when the petition is approved?
    unless they have advanced parole or the greencard they should not leave, if they do they will aauomatically be abandoning their immigration process

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    • #3
      Thank you. I will apply for the AP.
      1)Do they need to file for extension since the 6 months is approaching or does i-485 being in pending will automatically take care of the situation?
      2) What happens when they travel on AP and then the green card gets approved? Can they return back or go through consular? If returning back, will they be coming back on Visitor visa or AP?

      Comment


      • #4
        Originally posted by kingno1 View Post
        Thank you. I will apply for the AP.
        1)Do they need to file for extension since the 6 months is approaching or does i-485 being in pending will automatically take care of the situation?
        2) What happens when they travel on AP and then the green card gets approved? Can they return back or go through consular? If returning back, will they be coming back on Visitor visa or AP?
        i-485 pending automatically allows them to stay until decision is made. If they are travelling on AP when green card is approved then you can mail the green cards to them in India. What AP does is it allows them to leave and return without abandoning thier AOS.

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        • #5
          Originally posted by kingno1 View Post
          Thank you. I will apply for the AP.
          1)Do they need to file for extension since the 6 months is approaching or does i-485 being in pending will automatically take care of the situation?
          2) What happens when they travel on AP and then the green card gets approved? Can they return back or go through consular? If returning back, will they be coming back on Visitor visa or AP?
          1. no
          2. they can come back on AP

          This is my personal opinion and is not to be construed as legal advice.

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