Leaving the USA before adjustment of status.

[Lilz69]

Okay, hi all! I am new to the forum and I have a question about adjustment of status. My husband is a born US citizen, his son however was born in another country. At the time of birth, my husband was not able to give him citizenship because he wasn’t working in the USA for the required length of time. The child was issued a visitor visa, travelled to the USA and never left. The visa meant he could stay for 6 months, but as I said he overstayed in the USA over 4 years now. In January my husband filed the I-485 to register his son as a permanent resident and adjust his status. In March he decided to travel with his son to his son’s birth country. The immigration officers said nothing to him as he left the USA. Can the boy reenter the USA? Also, what does this mean for his application? Thank you!

[newacct]

If the Adjustment of Status (I-485) was still pending when the son left the US, and he didn't get Advance Parole before he left, he abandoned his I-485. He should not enter the US with visitor visa with intention to file I-485 again while here, so he would instead have to do Consular Processing abroad. If the I-130 is already approved, he would have to file I-824 to switch to Consular Processing. If the I-130 is still pending, I am not sure if it's possible to ask USCIS to switch it to Consular Processing without filing I-824.