Use ead/ap go back to hometown, pending i-485 greencard

[Ekiluan]

Hi, Everyone,

I am US citizen and applying concurrent filing i-130 and i-485 for greencard for my dad, he entered U.S on 10/15/2016 with B2 visa, the expiration date on his B2 visa is 4/1/17.

I filed the document for adjusting status to apply greencard for my dad--concurrent filing on March 1st, now I have got the EAD(employment authorization document)/AP(advanced parole) card, but i-485 status is he finished the fingerprint on 4/13, but i 485 and green card still pending.

Now he need to travel back to hometown (China) and plan to come back in 2 months, questions:

1. will it be OK for him to bring the EAD card and passport to go back to China, and 2 months later re-enter U.S?

2. since green card is pending status, will going back to China delay or interrupt or make any negative influence to his green card applying?

3. if during the 2 months, immigration office send letter ask him for interview, then we can reschedule and delay it, correct?

4. Any other negative influence or any other issue we should consider in advance?

Thank you for your help!

[newacct]

1. yes
2. no
3. it would be best to come back for the interview

[yellowings]

1. will it be OK for him to bring the EAD card and passport to go back to China, and 2 months later re-enter U.S?
Yes, because he has AP in the combo card.

2. since green card is pending status, will going back to China delay or interrupt or make any negative influence to his green card applying?
Not really, but the best case scenario is just waiting in US.

3. if during the 2 months, immigration office send letter ask him for interview, then we can reschedule and delay it, correct?
You can reschedule the interview. But I've seen some crazy cases that people request postpone the interview, but USCIS did their job poorly, so they just were waiting for that people who make re-schedule, and USCIS gave them "denied" because they didn't show up the first interview day that USCIS noticed. This is just some examples from this forum that I read before.

4. Any other negative influence or any other issue we should consider in advance?
Again, best case scenario is just waiting in US... but it would be fine. Just don't be outside of US too long. Good luck!

(Just my idea, not a legal advice.)

[Ekiluan]

Smile Use ead/ap go back to hometown, pending i-485 greencard

Good morning,

Thank you guys for helping with my questions.

1. do you think filing concurrent for parents will need to have an interview later? I have heard that some people didn't go through the interview process and green card is approved.

2. since initially my dad's B-2 visa the expiration date is 4/1/2017, now he is over staying, even though I have sent out the package for filing green card on beginning of March, will his current overstaying status influence his later re-entry to U.S?

3. my dad's EAD card advance parole valid period is 5/15/17-5/15/18, so if he need to stay in China for 3 months, it would be still OK?

Thanks again!

[yellowings]

1. do you think filing concurrent for parents will need to have an interview later? I have heard that some people didn't go through the interview process and green card is approved.
We never know. USCIS has it's own criteria and you might get interview or not. Nobody can guarantee. Just be prepared.

2. since initially my dad's B-2 visa the expiration date is 4/1/2017, now he is over staying, even though I have sent out the package for filing green card on beginning of March, will his current overstaying status influence his later re-entry to U.S?
Once he started to apply the process of green card, his status changes "485 pending" instead of overstay. During 485 pending status he can stay legally. As long as he has AP card, it should be fine. But re-check with your lawyer and make sure before leaving US.

3. my dad's EAD card advance parole valid period is 5/15/17-5/15/18, so if he need to stay in China for 3 months, it would be still OK?
If he stays outside of US within EAD/AP card valid dates it should be okay. However, again, be prepared interview as well. Good luck!

(Just my idea, not a legal advice.)