Help with GC Application pending and leave the country

[twq5008]

Please Help! so i just filed 485,131 and 130 while my mom stayed with me in the country. now she has some emergency at home and she has to go back but we have not received our AP yet and i am sure she cant wait couple months for her AP to get here before she has to leave the country and i dont know if she will qualify for an emergency AP. so my question is her 485 is surely going to be rejected, but what about her 130? for her 130, can i switch her to our local country consule processing and go from there? how should i do that? can i just send a letter to USCIS and let them know my mom has left the country and let them send the document to the local country consule processing or should i just wait for the 130 result first.

Thank you for your advice in advance !!!

[newacct]

Please Help! so i just filed 485,131 and 130 while my mom stayed with me in the country. now she has some emergency at home and she has to go back but we have not received our AP yet and i am sure she cant wait couple months for her AP to get here before she has to leave the country and i dont know if she will qualify for an emergency AP. so my question is her 485 is surely going to be rejected, but what about her 130? for her 130, can i switch her to our local country consule processing and go from there? how should i do that? can i just send a letter to USCIS and let them know my mom has left the country and let them send the document to the local country consule processing or should i just wait for the 130 result first.

Thank you for your advice in advance !!!

She should try for an Emergency AP. If she leaves and abandons her I-485, the I-130 is unaffected and will continue processing and be approved. I believe that, after the I-130 is approved, if you want to change from AOS to Consular Processing, that would require filing I-824 which costs a lot of money and takes a long time. If the I-130 is still pending, you might be able to contact USCIS and have them update the pending application without filing anything; I'm not sure about that.