Do I need to file I-131 for my parents when I-130 is not approved

[sim1234]

I field I-130 & I-485 as concurrent filing for my parents while they are in united states. I received receipts for both I-130 & I-485 and no update after that. They did completed biometric appointment as I paid the fee for the same and received notice to do so.

They have to go to home country (India) for unavoidable reasons and I not sure if they need I-131 ( Advanced Parol ) to be filed/approved before they can travel. I called USCIS and they said since I-130 is not approved they can come back on Visa. However, I keep hearing different informations from different places. Also what happens if they are not back and I-130 gets approved?

Thank you so much for all the help and support I can get, really really appreciate it!

[newacct]

I field I-130 & I-485 as concurrent filing for my parents while they are in united states. I received receipts for both I-130 & I-485 and no update after that. They did completed biometric appointment as I paid the fee for the same and received notice to do so.

They have to go to home country (India) for unavoidable reasons and I not sure if they need I-131 ( Advanced Parol ) to be filed/approved before they can travel. I called USCIS and they said since I-130 is not approved they can come back on Visa. However, I keep hearing different informations from different places. Also what happens if they are not back and I-130 gets approved?

Thank you so much for all the help and support I can get, really really appreciate it!

Their Advance Parole must be approved (not just filed) before they leave the US, or they automatically abandon their AOS. You should have filed I-765 for EAD and I-131 for Advance Parole along with your I-485; they are both free and there is no downside to applying for them. It takes 3 or 4 months to get EAD/AP after filing, so if you file now, your parents still won't be able to leave for a few more months, unless they have urgent humanitarian reasons to ask for an expedite or super-emergency situation that would qualify for an Emergency Advance Parole (see this page for more information).

[sim1234]

Thanks and a followup quesion

Their Advance Parole must be approved (not just filed) before they leave the US, or they automatically abandon their AOS. You should have filed I-765 for EAD and I-131 for Advance Parole along with your I-485; they are both free and there is no downside to applying for them. It takes 3 or 4 months to get EAD/AP after filing, so if you file now, your parents still won't be able to leave for a few more months, unless they have urgent humanitarian reasons to ask for an expedite or super-emergency situation that would qualify for an Emergency Advance Parole (see this page for more information).

Thank you sooooo much for your response, I called USCIS again today and two different agents gave me different advice. The first one told, my parents do not need any AP as their VISA (B1) is valid and they can legally enter the united states. While the other one said the AP is a must and the information previous agent gave me is incorrect. My parents valid stay on B1 expires on July 25 and current travel date is July 20th. If we delay their tickets and apply for AP using expedite situation ( The second agent suggested us to go to field offie and tell the story about why we didn't apply earlier and they might consider the travel urgent ) as they need to be in India before August 30th, do we still need to apply for Visa extension? I am more worried about their re-entry into untied states as they need to go for a short period of time and come back.

[newacct]

Thank you sooooo much for your response, I called USCIS again today and two different agents gave me different advice. The first one told, my parents do not need any AP as their VISA (B1) is valid and they can legally enter the united states. While the other one said the AP is a must and the information previous agent gave me is incorrect. My parents valid stay on B1 expires on July 25 and current travel date is July 20th. If we delay their tickets and apply for AP using expedite situation ( The second agent suggested us to go to field offie and tell the story about why we didn't apply earlier and they might consider the travel urgent ) as they need to be in India before August 30th, do we still need to apply for Visa extension? I am more worried about their re-entry into untied states as they need to go for a short period of time and come back.

No. Forget about the B1 or B2. Their visa is useless now. They will be denied entry if they try to enter on B1 or B2 due to immigrant intent. Their period of stay on their I-94 is irrelevant as they have pending AOS, and so can stay in the US regardless of whether they have status.

[NettieL]

I agree with newacct.
"Their Advance Parole must be approved (not just filed) before they leave the US."

They would be taking a huge risk. In my opinion it is not worth it. If you decide to take the chance, the question you need to ask your legal counsel, is, if you can start the AOS process from scratch, when they return, *if* they are allowed to enter the country ever again.

[inadmissible]

It would not be proper for CBP to grant them admission on a B visa, because their future admission is not of a temporary nature, and they have immigrant intent