QUESTION
Can my parents leave the US when I-130 case is pending?
Asked on Mar 16th, 2014 on Immigration - Texas
More details to this question:
I filed I-130 for my parents, they are here in the US with me. The current processing time of I-130 for parents is about a year. I did not file I-485 concurrently. Can my parents leave the US when the case is pending? What are the consequences if they leave? Can they apply for immigration visa outside the US once I-130 is approved, I-130 was filed when they were in the US?
2 ANSWERS
Yes, they will have to apply for immigrant visas abroad but that process is much longer and more onerous than I-485. Why did you not file I-485 for them concurrently? They'd have their green cards within 4-6 months of filing. And if they were not unlawfully present in the US prior to the I-485 filing, they would qualify for an advance parole travel document to travel while I-485 is pending.
Answered on Apr 09th, 2014 at 11:53 AM
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Yes. Your parents can leave the US while their I-130's are pending. They will need to remain outside of the US after they leave until the the I-130's have been processed and they receive their immigrant visa interview appointment at the US Embassy/Consulate.
Answered on Mar 17th, 2014 at 1:17 PM