Parent Immigration

[emekus94 1,125]

A friend's mother came on visiting visa. She stayed due to COVID
Now the son who just got citizenship applied for the mother for a green card so she can stay permanently. The mother wants to go back home temporarily since she didn't really plan to stay at the get-go.

Can she go home with the application pending and not have it be void?

 

P.S. the mother has now technically overstayed her visit visa because of COVID. she was due to leave in April but borders were closed

[Crazy Cat 42,192]

If she leaves the US prior to having received an approved advance parole document, she will abandon her her adjustment of status application.  In addition, her visa is likely voided due to her overstay.

Edited August 20, 2020 by Lucky Cat

[emekus94 1,125]

1 minute ago, Lucky Cat said:

If she leaves the US prior to having received an approved advance parole document, she will abandon her her adjustment of status application.  In addition, her visa is likely voided due to her overstay.

Ahhh
For some reason, I thought one can file an application in the states and leave and wait out the process in their home country.
Does that not apply to parents?

So glad I asked! 

[Crazy Cat 42,192]

1 minute ago, emekus94 said:

Ahhh
For some reason, I thought one can file an application in the states and leave and wait out the process in their home country.
Does that not apply to parents?

So glad I asked! 

If an I-485 was filed, she cannot leave the US until she receives an approved advance parole document or her Green Card.....else she will abandon the adjustment of status application...........if only an I-130 was filed (and she leaves the US), she will have to remain outside the until her IR-5 visa is processed at her consulate.  If she held a tourist visa, it is likely now void due to the overstay.

[Lil bear 4,311]

Moved to AOS from tourist visa as OP information indicates that  this is the process being followed 

[aaron2020 11,651]

Hi,

 

What did the USC son file for his mother?  An I-130 alone?  Or an I-130 with I-485 and I-131?  

 

[emekus94 1,125]

1 hour ago, aaron2020 said:

Hi,

 

What did the USC son file for his mother?  An I-130 alone?  Or an I-130 with I-485 and I-131?  

 

That I have no idea
Am just told they filed green card. 
 

 

1 hour ago, Lucky Cat said:

If an I-485 was filed, she cannot leave the US until she receives an approved advance parole document or her Green Card.....else she will abandon the adjustment of status application...........if only an I-130 was filed (and she leaves the US), she will have to remain outside the until her IR-5 visa is processed at her consulate.  If she held a tourist visa, it is likely now void due to the overstay.

Sounds like if only the I-130 is filed, application is not abandoned. This might be the case for them
In which case, the mother can leave. She can only return once the consulate approves.

Thank you all!

[Mollie09 1,543]

16 hours ago, emekus94 said:

That I have no idea
Am just told they filed green card. 
 

 

Sounds like if only the I-130 is filed, application is not abandoned. This might be the case for them
In which case, the mother can leave. She can only return once the consulate approves.

Thank you all!

If she leaves now she can only returned with the approved immigrant visa, her tourist visa was canceled the moment she overstayed.

[Crazy Cat 42,192]

16 hours ago, emekus94 said:

Sounds like if only the I-130 is filed, application is not abandoned.

An I-130 is not an application for a green card....thus, there would be no abandonment.  The I-485 is the application to adjust status from tourist to green card holder.  Regardless, as stated by @Mollie09, any tourist visa is normally automatically voided on day 1 of an overstay.