AOS for parents in the US

[HRQX 4,145]

3 hours ago, SusieQQQ said:

if they leave after filing AOs they do need AP to re-enter. 

Correct. Approved* I-131 for AP is required in OP's parents case since they don't have one of the following NIV types: H-1B, H-1B1, H-4, L-1A, L-1B, L-2, K-3, K-4, V-1, V-2, or V-3. See 8 CFR § 245.2(a)(4)(ii):

Quote

Under section 245 of the Act.

(A) The departure from the United States of an applicant who is under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of the proceeding by reason of the departure. Except as provided in paragraph (a)(4)(ii)(B) and (C) of this section, the departure of an applicant who is not under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of any pending application for adjustment of status, unless the applicant was previously granted advance parole by the Service for such absences, and was inspected upon returning to the United States. If the adjustment application of an individual granted advance parole is subsequently denied the individual will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act.

(B) The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. If the adjustment of status application of such individual is subsequently denied, he or she will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act.

(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status.

(D) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful V status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is admissible as a V nonimmigrant.

 

*The Form I-131 approval is legally sufficient for leaving the US (without abandoning pending I-485) but obviously recommended to travel with the AP document in hand.

https://americanepali.wordpress.com/2011/09/27/uscis-immigration-paperwork-frustrations-round-two/

https://americanepali.wordpress.com/2011/10/28/uscis-round-6-green-card-file-apparently-misplaced/

Edited December 27, 2020 by HRQX

[Pinkrlion 2,724]

Also, your parents can no longer work without EAD

[SusieQQQ 11,587]

1 minute ago, Pinkrlion said:

Also, your parents can no longer work without EAD

I don’t believe that is true regardless of it being a non immigrant visa, as long as their existing status is valid and they are maintaining the conditions of that status. @HRQX , can you confirm or refute?

[Boiler 45,982]

As long as they maintain E2 status, the primary would not have EAD, the spouse might. Using AP would terminate the E2.

[christophec 16]

Thank you all for your help.

Their visa is valid until June 2021, I will apply for AOS and ask for AP and wait until they receive their AP just to be safe and not have any trouble.

 

[christophec 16]

Regarding the I864 - part 3 - should I select "i am sponsoring the following family members immigrating at the same" or should I select only sponsoring the principal immigrant?

I am asking this because I am filing 1AOS parents (or can I file jointly?)

[HRQX 4,145]

53 minutes ago, christophec said:

I am asking this because I am filing 1AOS parents (or can I file jointly?)

If both parents are seeking GC then they'll need to file 2 separate set of Forms because Parent category doesn't allow derivatives.