Can my wife return to the USA using advance parole even if green card is granted?

[jaysaldi 213]

Here's our situation.

 

My wife's interview for Adjustment of Status from K-1 is set for April 21. 

 

She doesn't have her advance parole card yet. 

 

She is 5.5 months pregnant. 

 

Let's say she gets her advance parole card within the next few weeks AND the virus/travel situation improves and she wants to travel to her home country in late April, right after her interview but before her green card (if approved) arrives in the mail. 

 

If she has her advance parole card, can we  leave the USA on April 22 right after the interview, but before she has her green card in hand, and return home a few weeks later using AP?

 

Is there a downside to doing this?  Like, if she interviews on April 21, leaves the country on April 22, and then her case is denied, does she lose the right to return to the USA and appeal/refile from within the USA? 

 

Any other downside to this?

 

She'd want to leave the USA right after the interview if conditions allow it so she can fly back to the USA when she is "only" 7 or 7.5 months pregnant.   That's why we wouldn't want to wait for a week or more for the green card to arrive in the mail.

 

 

[payxibka 10,045]

Since the uscis is not doing interviews right now, its possible the interview won't even happen 

[jaysaldi 213]

13 minutes ago, payxibka said:

Since the uscis is not doing interviews right now, its possible the interview won't even happen 

Very true. But it's a month off and I'm just wondering what are options are if the interview does go forward on April 21.

[K1visaHopeful 2,813]

If her GC is denied her AP would be revoked.

She would likely not be allowed to reenter and would have to file for a spousal visa from abroad.

[payxibka 10,045]

12 hours ago, jaysaldi said:

Very true. But it's a month off and I'm just wondering what are options are if the interview does go forward on April 21.

My wife's green card was in  her hand 9 days after interview. 

[jaysaldi 213]

22 minutes ago, payxibka said:

My wife's green card was in  her hand 9 days after interview. 

Understood. At the time of the interview, she'll be more than six months pregnant, and when you hit 7 and 8 months pregnant, you start running into additional requirements from foreign airlines to fly or a ban on flying.   That's why we would want to fly ASAP after her interview, if she has AP, so she can return to the USA well before he expected due date. 

 

Let me ask the question a different way. Putting aside the pregnancy an coronavirus issues, is it generally inadvisable for people to leave the USA on advance parole after their green card interviews but before having green card in hand?

 

 

[carmel34 3,621]

1 hour ago, jaysaldi said:

Understood. At the time of the interview, she'll be more than six months pregnant, and when you hit 7 and 8 months pregnant, you start running into additional requirements from foreign airlines to fly or a ban on flying.   That's why we would want to fly ASAP after her interview, if she has AP, so she can return to the USA well before he expected due date. 

 

Let me ask the question a different way. Putting aside the pregnancy an coronavirus issues, is it generally inadvisable for people to leave the USA on advance parole after their green card interviews but before having green card in hand?

 

 

Should be okay if she is approved at the interview.  If not approved at the interview then no, as her AP would be revoked and she could not re-enter.  Even if the interview goes well there is still a chance she could be denied before the green card itself is issued.  You'll have to weigh the risk and make a decision, which others have said might be moot anyway since the current situation may continue until after the baby is born.

[flfreddy 92]

Always hold the green card THEN do what ever you need to do.  Use video facetime what ever.  Give birth in USA etc.  DO NOT Leave without your green card.  1 family emotional problem can easily escalate to include immigration complications.