Possible Travel to India? I485 in Progress,I130 Approved,I529 Applied for Extension

[vikas_arora80]

Hello Everyone,

My mother as valid B2 VISA (valid till 2024), and her 6 months of the recent visit to USA finished on Aug 6, 2021. I got her extended through I-529, and applied for her I-485 along with. Below is the current status of my mother:

• Living in US on I-529 Extension
• I-485 is in progress
• I-130 is approved for her

My Question is, now - she has to travel to India because of sudden demise of her brother. Can she travel to India for 45 days and come back to USA ?

Thank you in advance,
- Vikas Arora

[HFM1919]

since she will clearly be an intending immigrant, why would she be admitted as a tourist? Any extension ends when she departs the US.

[newacct]

Has she been granted Advance Parole?

[vikas_arora80]

Unfortunately No, she does not has advance Parole.

[newacct]

She can try to call and make an appointment for Emergency Advance Parole. Otherwise, if she leaves the US, she will abandon her I-485 and she won't be able to come back to the US soon. She will have to switch from Adjustment of Status in the US to Consular Processing outside the US (which may involve filing I-824).