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Parents on visitor visa applying for their AOS while in the US

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  • Parents on visitor visa applying for their AOS while in the US

    My parents are visiting me (I am a US Citizen) and i am 23 years old now. my parents entered the US on visitor visa a month ago. If i apply for their green card/AOS now, what will happen?
    1. Can they leave and come back to US freely for the next few years while their AOS is in process?
    2. If not then can they apply for I-765 while they are here and start working, get health care etc?

    I wont be able to afford their stay for an extended period without them supporting their living expenses. But i think if they leave while their AOS is in process it will be difficult for them to come and visit me and my baby anytime before they get the card.
    Please advice.

  • #2
    Originally posted by NZ086 View Post
    My parents are visiting me (I am a US Citizen) and i am 23 years old now. my parents entered the US on visitor visa a month ago. If i apply for their green card/AOS now, what will happen?
    1. Can they leave and come back to US freely for the next few years while their AOS is in process?
    2. If not then can they apply for I-765 while they are here and start working, get health care etc?

    I wont be able to afford their stay for an extended period without them supporting their living expenses. But i think if they leave while their AOS is in process it will be difficult for them to come and visit me and my baby anytime before they get the card.
    Please advice.
    If they leave the US while AOS is pending without Advance Parole, they automatically abandoned their AOS. It is free to apply for EAD (with I-765) and Advance Parole (with I-131) for AOS applicants, and it is recommended you apply for them together with the I-130 and I-485. Once they have Advance Parole they can travel out of and into the US freely. AOS shouldn't take more than a few months.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      If they apply for advance parole and employment authorization, they can travel abroad after it is approved (approx 4 months). The cost of both is included with the cost of adjustment of status, so they should apply for whether or not they think they will use it

      In the United States, individuals are responsible for their healthcare costs, whether or not they obtain insurance

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      • #4
        Originally posted by newacct View Post
        If they leave the US while AOS is pending without Advance Parole, they automatically abandoned their AOS. It is free to apply for EAD (with I-765) and Advance Parole (with I-131) for AOS applicants, and it is recommended you apply for them together with the I-130 and I-485. Once they have Advance Parole they can travel out of and into the US freely. AOS shouldn't take more than a few months.
        Thank you for your response! I plan to do concurrent filling for them so i think that answers my question about travel and work authorization.

        - - - Updated - - -

        Originally posted by inadmissible View Post
        If they apply for advance parole and employment authorization, they can travel abroad after it is approved (approx 4 months). The cost of both is included with the cost of adjustment of status, so they should apply for whether or not they think they will use it
        Thanks alot for your response. I was under the impression that only in the case of marriage based AOS, the applicant gets the travel and EAD as early as within 4 months. Does the same timeline applies to parent applicants who are in the US with B visas at the moment (in an ideal case)?

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        • #5
          Originally posted by NZ086 View Post
          Thanks alot for your response. I was under the impression that only in the case of marriage based AOS, the applicant gets the travel and EAD as early as within 4 months. Does the same timeline applies to parent applicants who are in the US with B visas at the moment (in an ideal case)?
          Yes. What kind of AOS it is makes no difference for how long to get EAD/AP. It used to be even faster, 2-3 months; it just slowed down in recent months.

          This is my personal opinion and is not to be construed as legal advice.

          Comment

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