Family-based green card for parent (I-485 question)

[mkt27]

My father will be here in August and I plan to submit I-130 (petition for alien relative) and I-485 (adjust status) concurrently. However, my father plans to return to India in November and come back to the US only when he receives a notice for biometrics. Will that be a problem? Does the applicant have to stay in the US after the submission of I-485? The form seems to suggest that the applicant cannot leave the US after applying for I-485. Any information on this will be appreciated.

[newacct]

First of all, he might be denied entry as a visitor if they suspect he might do AOS during that stay. And he cannot lie to the officer because that is really bad for immigration.

If they let him in and he didn't lie, yes, he can apply for Adjustment of Status, but he cannot leave the US with AOS pending without receiving Advance Parole. He can apply for an EAD with I-765 and Advance Parole with I-131, both for free, at the same time as, or after, his I-485. It may take 3 or 4 months after applying to get EAD/AP. November may not be enough time to get it.

[inadmissible]

It sounds like your father would be better served by consular processing, so he can go home on his on terms, tidy up his affairs, then expatriate to the United States when he & his immigrant visa are ready

[mkt27]

First of all, he might be denied entry as a visitor if they suspect he might do AOS during that stay. And he cannot lie to the officer because that is really bad for immigration.

If they let him in and he didn't lie, yes, he can apply for Adjustment of Status, but he cannot leave the US with AOS pending without receiving Advance Parole. He can apply for an EAD with I-765 and Advance Parole with I-131, both for free, at the same time as, or after, his I-485. It may take 3 or 4 months after applying to get EAD/AP. November may not be enough time to get it.

Thank you. This is helpful!