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Coming Back to US - Valid Visa/Pending AoS

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  • Coming Back to US - Valid Visa/Pending AoS

    My mom came to US in Dec 2015 on her tourist visa (valid until 2020) and her I-94 is valid til June 2016. I applied for I-130/I-485 concurrently in March 2016. We have done fingerprinting, but have not received interview or RFE notice.

    An emergency has come up and needs to go back to our home country as soon as possible. My understanding is since her 485 was pending, it is okay for her to stay beyond her i-94 expiration date. Once she leaves though, her file may be denied for abandonment, right? Should I apply for advance parole doc (I-131) but that does not always mean admission to the US?

    Only problem is if she wants to come back, can she still come on her tourist visa?

  • #2
    You can apply for Advance Parole. Even though admission is not guaranteed but still there will be some chance.

    She can come on visitor visa as long as her visa is active.
    This is not a legal advice. Use at your own risk.

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    • #3
      Marry to a working permit in USA

      Hi good day. I and my boyfriend are planning to marry soon, God willing. He is from Guatemala and he is working now in U.S.A with working permit since 2012. I am from Philippines and planning to get a Visa to U.S. What would be the Visa should i get? we want to marry in U.S, my boyfriend is not a citizen there, only Working Permit. Is okay to get a tourist visa or get a working visa and marry in U.S? Please help us. Hope for your concern and favorable response in this matter.
      Thank you very much

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