Travel

[jaxfiler 3]

My parent has a pending I-130/485/765/131 and they have to travel to India for some work, They have a valid B Visitor visa .
Can they go out of country now, and return when they get the advance parole (I131) ? Or can they come back on the B visa ?

Thanks for any suggestions.

[aaron2020 11,651]

They must have AP to travel internationally without abandoning their AOS.  They must have AP in their hands before they can leave the US without abandoning their AOS.  It will take about 6 months for them to get AP.  

They can not use their B visas.  

 

They filed for AOS last month in October.  If traveling to India was necessary, they should have opted for consular processing instead of AOS.  

Edited November 18, 2019 by aaron2020

[jaxfiler 3]

8 minutes ago, aaron2020 said:

They must have AP to travel internationally without abandoning their AOS.  They must have AP in their hands before they can leave the US without abandoning their AOS.  It will take about 6 months for them to get AP.  

They can not use their B visas.  

 

They filed for AOS last month in October.  If traveling to India was necessary, they should have opted for consular processing instead of AOS.  

Are you sure they cannot travel international ? They will return only after they get AP  which we will hand over .  

[aaron2020 11,651]

7 minutes ago, jaxfiler said:

Are you sure they cannot travel international ? They will return only after they get AP  which we will hand over .  

Yes, I'm 100% sure.  

 

They can leave the US whenever they want. 

To return and continue AOS, they will need to have AP in their hands when they leave the US.  

 

They must have AP in their hands to leave and be able to come back.  Right now, the average wait is 6 months or longer for AP.  

 

If they leave before getting AP, their AOS are automatically abandoned and there is no way to reinstate it.   AP granted to them after they leave is worthless.  

Edited November 18, 2019 by aaron2020

[geowrian 22,338]

10 minutes ago, jaxfiler said:

Are you sure they cannot travel international ? They will return only after they get AP  which we will hand over .  

If they exit the US without an approved AP document, their pending AOS application must be denied per the INA. Edit: This includes their pending I-131 as that is a dependant application.

They cannot enter on a tourist visa with intent to file for AOS again. They almost certainly would be denied entry based upon immigrant intent due to having filed an AOS application recently. This assumes they never overstayed (if they did even 1 day, the visa itself is already canceled).

Edited November 18, 2019 by geowrian

[USS_Voyager 1,972]

13 minutes ago, jaxfiler said:

Are you sure they cannot travel international ? They will return only after they get AP  which we will hand over . 

Absolutely 100%. If they leave the US before they have AP in their hand, their AOS (I-485/I-131/I-765) will be deemed abandoned. The I-130 will continue its course. I guess at that time, the only way they can re-enter is with an immigrant visa. I think they will be turned away by CBP if they show up with their B1/2. 

[USS_Voyager 1,972]

OP,  You may be confused because the form I-131 is also used to apply for re-entry permit, and the re-entry permit allows people to leave while it's pending. However, that is not applicable to your parents as they're for permanent residents only.