Can one wait for Green card approval outside of US with advance parole?

[wnvx 0]

Hello, if a beneficiary applies for concurrent I-485 and I-131 as US citizen parent. If no interview was required by USCIS, once the beneficiary gets the I-131 advance parole, can the beneficiary leave the US and wait for the I-485 to be approved while outside US?

Can other family member bring the approved Green Card to the beneficiary outside US or no? Is it allowed by law?

In other words, if the beneificiary's green card is approved when he or she is outside US on advance parole? Shall the beneficiary use the advance parole to reenter or he or she can use the newly approved green card his or her relative mail or bring in person to the beneficiary?

Thank you

[tolitzpogi 37]

My wife was in the Philippines picking up her kids when her green card arrived by mail here in the U.S. She used her EAD/AP combo card for reentry back into the U.S., but I brought her green card to the airport just in case there were any problems.

I guess the point is, the EAD/AP combo card should be sufficient to allow her to get back in, because I would think they checked her immigration status on their system upon reentry anyway and found that she has already been approved for legal permanent resident. But the wait was long and nerve-wracking.

Edited July 12, 2016 by tolitzpogi

[Dirty harry 25]

Hello, if a beneficiary applies for concurrent I-485 and I-131 as US citizen parent. If no interview was required by USCIS, once the beneficiary gets the I-131 advance parole, can the beneficiary leave the US and wait for the I-485 to be approved while outside US?

Can other family member bring the approved Green Card to the beneficiary outside US or no? Is it allowed by law?

In other words, if the beneificiary's green card is approved when he or she is outside US on advance parole? Shall the beneficiary use the advance parole to reenter or he or she can use the newly approved green card his or her relative mail or bring in person to the beneficiary?

Thank you

I think Toli has good advise, however I would caution: The whole point of AOS is to "live" in the unites states. Be careful how long you stay outside of the states while in the process, you dont want the IO to look at the case and think the beneficiary is using the AOS process as a really flexible tourist visa(no judgment just trying to help) I would also say, almost all AOS cases require an interview unless its a K-1 type visa.So if the interview is mandatory to get the green card, it wont really matter as the interview will be in the U.S.

If no interview was required, my guess is you would be fine using Ap to enter if it was a short trip however its up to the immigration officer at the border. so lets say aos takes 7-8 months and you come back a couple weeks before the interview, I can almost guarantee the IO is going to give the beneficiary a hard time, because they were outside the U.S most of the year In addition to the IO who does the interview looking at the application and thinking that the beneficiary doesn't intend to immigrate.

Hope everything works for you, Just my thoughts and opinions.

Harry

[tolitzpogi 37]

Yes, I forgot to mention that you should only be out of the country for a "reasonable" amount of time. My wife was only out of the country for two weeks. Anything past two months can bring up a red flag upon reentry.

[aleful 1,905]

hi

no because the interview will be in the US

the beneficiary can only travel for a reasonable amount of time, and return, then wait for the interview that will be in the US

[newacct 688]

If the immigrant is outside the US at the time AOS is approved, they can enter the US either on their Advance Parole (before the AP expires), or on their green card (if someone brings it to them).

[wnvx 0]

Thank you all so much for all these valuable advice!

tolitzpogi when your wife enter US with her combo card, did she walk in the tourist line or the Green card line? Thank you!!

[tolitzpogi 37]

tolitzpogi when your wife enter US with her combo card, did she walk in the tourist line or the Green card line? Thank you!!

No, she lined up at one of the spots reserved for permanent residents and U.S. citizens. She had her two kids in tow (both K2). They were then escorted to a room where "additional verification" is conducted (almost everyone who reenters the U.S. for the first time goes to this room, I heard). There they waited about an hour to be called. I don't know if this was because she also had two K2 children with her in addition to her using her AP for the first time, but they didn't encounter any issues aside from the wait.

[wnvx 0]

almost everyone who reenters the U.S. for the first time goes to this room, I heard

Thank you so much for taking the time answering my questions.

Do you mean WHEN YOU enter US first time with Green card, they will send you to the room for further details?

Edited July 14, 2016 by wnvx

[tolitzpogi 37]

Do you mean WHEN YOU enter US first time with Green card, they will send you to the room for further details?

No, only if you have the EAD/AP combo card, not the green card.

Green card allows you reentry with no problems.