QUESTION
Leaving US while I-485/I-130 still pending using recently obtained i-131 advance parole would freeze processing of I485/I130 or what?otherImplications
Asked on Jun 28th, 2013 on Immigration - Massachusetts
More details to this question:
My father came to visit me back in Dec 2012 on his B2 visa valid until April of 2014. (I-94 card valid till June 2013) . I am a US citizen so in Feb 2013 I sent I485+I130 concurrently to Chicago lock box . Got back NOA from national benefit center and went to bio metrics appointment in March 2013 but until now we yet to hear anything on final decision for both applications . Since it is been a while and my father wants to leave the US to attend to business overseas he applied for advance parole and he got it last week valid for multiple trips. What implications his departure will have on these applications? Does he submit his i-131 document to USCIS before he leaves or when he comes back? I was told that his case doesn't require interviewing in local office, so he may not need to come back to the US until he gets his green card ,is that true? Does it matter that he got I131 after I94 expiration date??
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
With an advance parole, your father would submit his advance parole approval card to U.S.C.I.S. upon his return. CBP will not take away the card. His obtaining the advance parole approval after the I-94 expiration date as no effect upon its acceptability. If your father is approved for permanent residence during the time that he is out of the country, he should show the approval sheet of his permanent residence being granted along with his authorization to be out of the States (advance parole authorization) when he reenters the country. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence
Answered on Jul 12th, 2013 at 8:43 PM
2 Awards
You say your father has received advanced parole. If so, you had to already have filed the I-131 to obtain it, so I don't understand why are you are asking about the I-131 (which is used to first obtain advanced parole). If your father has advanced parole, he filed the I-131 to get it. If he has an advanced parole document, he can travel without it affecting the pending I-485--that is the purposes of seeking advanced parole in this case. Of course, he'll want to come back if his interview gets scheduled while he's gone.
Answered on Jun 28th, 2013 at 10:10 PM