Traveled while i-130 and i-485 pending, can the application be revived

[maxbayes]

Hi

I had applied for a green card for my father (concurrently filed i-130 and i-485). He ended up leaving the country before the advance parole document was received. Is the entire application lost now or is there a way to salvage it. Can we change it to counselor processing or can he enter the country again on his existing visitor visa.

Would appreciate any inputs in this regards

Thanks

[miiki]

The I-130 should still be valid. He’s probably lost the adjustment (and EAD and AP that go with it) and will need to send a new I-485 or apply through a consulate after the I-130 is approved.

[newacct]

Hi

I had applied for a green card for my father (concurrently filed i-130 and i-485). He ended up leaving the country before the advance parole document was received. Is the entire application lost now or is there a way to salvage it. Can we change it to counselor processing or can he enter the country again on his existing visitor visa.

Would appreciate any inputs in this regards

Thanks

His AOS (I-485) is abandoned. He should not enter on a visitor visa with preconceived intent to do AOS during that stay. He can change it to Consular Processing. He would have to file I-824 to move from AOS to CP after the I-130 is approved. I am not sure whether I-824 is needed to move from AOS to CP when I-130 is still pending.