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Advance Parole - Green Card Timeline & Travel restrictions outside USA

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  • Advance Parole - Green Card Timeline & Travel restrictions outside USA

    Hello,

    I am US Citizen and my parents are visiting me on B1/B2 Visa and have been in USA since Oct 2016. I initiated concurrent filing (I-485, I-130, I-131) in January and their priority date is Jan 2, 2017. They are done with their biomterics appt in Feb 2017.

    In May 1st & 2nd week both of them received the AP documentation too which is valid for 1 yr. until May 2018.

    Their 10 yr. multi entry visitor visa expires in Aug 2017

    Questions
    a) If they travel out of USA in June 2017 with the plan to return before May 2018 but I-485 gets approved after they leave, are they still allowed to come back to US using their AP document, even though their visas will expire in Aug 2017 ?

    b) If they don't travel right away but wait till the Sep 2017 to travel outside USA and assume the I-485 gets approved/ Green Card gets delivered. Can they still use the AP to come back by May 2018 or at that time AP is useless and if they they are more than 6 months outside USA since receiving GC, they might owe an explanation ?

    Would appreciate your inputs/opinions on that.

    Thank you.

  • #2
    a) They can return in 2018, show their AP, and should be able to explain that they do not have their GC on them, since their GC was delivered in absentia. Alternately, you could send them their GC and they can enter using that.
    b) Once their GC is issued, their AP becomes meaningless.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Thank you & further question AP-Green Card Timeline & Travel restrictions outside USA

      Thank you @scientist2016 for your response.

      Based on your response my interpretation is that once they have an approved AP, even if their visitor visa expires and whether I-485 is in process or approved, they can still come back to USA.

      After I submitted my question, I also read that in some cases, they might get a interview call for I-485.

      If they are already outside USA, can they appear for that interview at a consular office in a foreign country ?
      And if that is not a choice, they can request a reschedule say upto 90 or 180 days ?

      Comment


      • #4
        Yes, if they have an AP, and as long as their I485 is not denied, they can return to the US. Interviews are typically for marriage based petitions, but yes there could be an interview, and you could tackle that issue if and when it arises.
        Just an opinion; Not legal advice.

        Comment

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