Advance Parole "Emergency"

[Anyuta 0]

I would appreciate any advice on the following issue. I filed the alien relative petition for my mother who is already in the US and I am getting ready to file the AOS package to the Chicago lockbox (I know I messed up here and should have filed it all together but I've been told bu USCIS that it's ok to do it this way too). It so happened that my granfather (my mother's father) is in critical medical condition and we pray that he makes it. Is there any way my mother could leave the US to go be with him and reenter safely? She is currently out of status, her guest visa status expired back in October. I checked out the I-131 advance parole form but it looks like there are no guarantees about the reentry. We only have another month before the 180 day mark. Is it true that even though the adjustment of status and petition for alien relative are pending, it has no bearing on my mother's status, i.e. she will be out of status until her petition and AOS are approved? We could file I-131 anyway along with the AOS package but it if takes months and there are no guarantees for her to reenter the US, we might as well not do it. Has anyone been in a similar situation? Please help. My and my mother's hearts are being torn apart. She wants to be with her father, especially if these are his last days, but she also cannot afford not being able to reenter because the rest of her family is here in the US.

[Kez/JWolf 6]

Your mother should not leave the USA until she has her greencard... yes she can file for AP along with AOS but that is going to take time to get and because of her overstay it would not be a good idea for her to leave the USA... this is one of the risks about doing AOS from a VWP/Tourist visa...

She can not file for an Emergency AP until she has filed for AOS and got the NOA1... If she leaves without filing her AOS then she will not be re-admitted and you would have to persue the I-130 at a foreign embassy to get her back here....

Kez

[Anyuta 0]

Thank you. I am leaning towards the same answer.