Permission to leave the US

[lfogle_2000 0]

My wife is from Peru and we were married in Aug this year. Her i-94 expired this past Sept. We are going to send her paperwork for the I-485 (Application To Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), and her I-131 (Application for Travel Document) this weekend. We want to know if there is any way for her to visit her family this December or if that would be to short of a time to get the permission. If not, is there any other way we can go, legally of course? Thank you all for your help.

[raymaga 25]

The only way your wife can leave the U.S. and return is with either Advance Parole or her Green Card.

My daughter's AP was approved in around 7 weeks, but every case is individual. Whether or not your wife will have her AP approved by December is debateable.

I certainly wouldn't make any flight arrangements without having the AP documents in your hands.

Good luck for a speedy approval of your AOS, EAD and AP.

[Brazilitaliana 0]

Raymaga's right, in order to leave she needs either the Advanced Parole or the Greencard. I applied for AP August 13th and have not yet had it approved. You can check on the USCIS how long it is taking for the Service Center closest to you to process this document. In California, they're still processing APs from July 30.

Even if your wife's I-94 had not expired, if you have already sent your Adjustment of Status forms, she cannot leave the USA, otherwise they'll drop the case.

Good luck to you!

[Yodrak 7]

Brazilitaliana,

That's not quite what Raymaaga wrote, and advace (no 'd') parole is not required in order to leave. It's required to avoid abandoning the application for adjustment by leaving and to be paroled back in if one wishes to return.

Yodrak

Raymaga's right, in order to leave she needs either the Advanced Parole or the Greencard. I applied for AP August 13th and have not yet had it approved. You can check on the USCIS how long it is taking for the Service Center closest to you to process this document. In California, they're still processing APs from July 30.

Even if your wife's I-94 had not expired, if you have already sent your Adjustment of Status forms, she cannot leave the USA, otherwise they'll drop the case.

Good luck to you!

[ardilla 0]

Hi, AP will allow your wife to re-enter the US. Without it, at this point, she could leave but she would have a problem re-entering as her application to adjust status would have been deemed "abandoned."