Mother has green card son's not approved yet

[Britlover 0]

My wife just got her green card, but my step-son's I485 is still pending (she was a K1, he is K3). First I am surprised they didn't process them together.

We want to book plane tickets for a trip to England in early April, but I don't want to purchase tickets if I'm not sure he can leave the country & return (in case his applications is not approved yet). Since she is his mom (he's 11), would he be allowed back in the country based on her green card, or is he required to have one in his name? If so, is there any way to request special permission from the USCIS for him to travel? We did not initially send an I-131 with the I-485 so no advance parole.

Thanks

Edited February 27, 2009 by Britlover

[YuAndDan 153]

My wife just got her green card, but my step-son's I485 is still pending (she was a K1, he is K3). First I am surprised they didn't process them together.

We want to book plane tickets for a trip to England in early April, but I don't want to purchase tickets if I'm not sure he can leave the country & return (in case his applications is not approved yet). Since she is his mom (he's 11), would he be allowed back in the country based on her green card, or is he required to have one in his name? If so, is there any way to request special permission from the USCIS for him to travel? We did not initially send an I-131 with the I-485 so no advance parole.

Thanks

Note: Mother was K-1, child would be K-2.. K-3 is married spouse, and K-4 is child of married spouse.

He will need an AP document in hand if his I-485 is still pending and does not have green-card.

You can file an I-131 after the fact, simply attach a copy of his I-485 NOA1 letter, if the AP doc fails to be approved prior to trip, visit your field office and request an emergency AP, bring copies of documents showing that AP was applied for like AP NOA1 letter.

Moving this to Work/Travel prior to green-card forum.