Can Fiance (Husband) Return to Home Country During Adjustment of Status?

[trliber 11]

My fiance has contracted a chronic medical condition requiring medication and he wishes to avail himself of his home country’s free healthcare to get the medicine while waiting for a work permit and/or green card.

 

Can he use advanced parole or travel document done under humanitarian reasons with a doctor’s note to go back to his home country for a short period without jeopardizing his green card application?

Edited June 3, 2021 by trliber

[arken 4,197]

If he has advance parole, he can travel.

[Crazy Cat 41,886]

23 minutes ago, trliber said:

My fiance has contracted a chronic medical condition requiring medication and he wishes to avail himself of his home country’s free healthcare to get the medicine while waiting for a work permit and/or green card.

 

Can he use advanced parole or travel document done under humanitarian reasons with a doctor’s note to go back to his home country for a short period without jeopardizing his green card application?

He can apply for emergency travel authority.  

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

[DaveAndAnastasia 2,092]

2 hours ago, trliber said:

My fiance has contracted a chronic medical condition requiring medication and he wishes to avail himself of his home country’s free healthcare to get the medicine while waiting for a work permit and/or green card.

I see this mentioned most with Canadians (and Canada may be unusual on this), but he should double check to make sure that actually works before trying it.

In at least some countries, if you become a resident of another country, you're no longer eligible for their state-subsidized health care.

[trliber 11]

7 hours ago, DaveAndAnastasia said:

I see this mentioned most with Canadians (and Canada may be unusual on this), but he should double check to make sure that actually works before trying it.

In at least some countries, if you become a resident of another country, you're no longer eligible for their state-subsidized health care.

Wow good point. Thank you for this information. Need my fiance to be sure Korea will not bar him (I think he only forfeits national healthcare if he becomes a citizen of another country since ethnic Koreans born in Korea cannot be dual citizens).

[trliber 11]

10 hours ago, arken said:

If he has advance parole, he can travel.

Yes thank you. Im looking more into this recently. Does anyone here have direct experience with using Advance Parole to leave the US during Adjustment of Status to green card?

 

There’s a huge paragraph on the USCIS webpage for Advanced Parole that reads “Caution” and warns even if one uses Advance Parole it results in USCIS considering the Adjustment of Status abandoned/cancelled. We do not want to risk this under any circumstances. 

[Crazy Cat 41,886]

15 minutes ago, trliber said:

Yes thank you. Im looking more into this recently. Does anyone here have direct experience with using Advance Parole to leave the US during Adjustment of Status to green card?

 

There’s a huge paragraph on the USCIS webpage for Advanced Parole that reads “Caution” and warns even if one uses Advance Parole it results in USCIS considering the Adjustment of Status abandoned/cancelled. We do not want to risk this under any circumstances. 

Have you thought about applying for USCIS approved emergency travel?

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Edited June 3, 2021 by Lucky Cat

[trliber 11]

Just now, Lucky Cat said:

Have you thought about applying for USCIS approved emergency travel?

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Yes, that’s also an option I saw but wasn’t sure if it would still be considered “abandoning” the adjustment of status. I want to talk to an immigration lawyer about all of this I think because this is literally a life or death situation!

[Crazy Cat 41,886]

2 minutes ago, trliber said:

Yes, that’s also an option I saw but wasn’t sure if it would still be considered “abandoning” the adjustment of status. I want to talk to an immigration lawyer about all of this I think because this is literally a life or death situation!

It will not be abandonment if one has approved emergency AP. 

[Ontarkie 14,226]

~~Moved to Working and Traveling, from K1 P&P - as the op is now married and asking about traveling with AP~~

[trliber 11]

5 minutes ago, Lucky Cat said:

It will not be abandonment if one has approved emergency AP. 

Oh wow that would be amazing if true. I’ll definitely try to consult with an attorney on this (also need to get more info on the recent vacating of “public charge” since we will possibly also need financial aid to pay for his medication.)

[SalishSea 17,835]

3 hours ago, trliber said:

Yes thank you. Im looking more into this recently. Does anyone here have direct experience with using Advance Parole to leave the US during Adjustment of Status to green card?

 

There’s a huge paragraph on the USCIS webpage for Advanced Parole that reads “Caution” and warns even if one uses Advance Parole it results in USCIS considering the Adjustment of Status abandoned/cancelled. We do not want to risk this under any circumstances. 

I don’t think traveling for routine healthcare in order to save money constitutes a “medical emergency.”

 

Hopefully if he has a chronic condition you already have plans in place for health insurance.

[SalishSea 17,835]

2 hours ago, trliber said:

Oh wow that would be amazing if true. I’ll definitely try to consult with an attorney on this (also need to get more info on the recent vacating of “public charge” since we will possibly also need financial aid to pay for his medication.)

Vacating of public charge?   The Public Charge inadmissibility did not go away, nor did the rules about immigrant use of public welfare.   Hence the reason that the I-864 still exists.

 

I am not sure what “financial aid” will be available to pay for medication, unless you mean charity care from a hospital, or some program directly through the pharmaceutical co.

 

Healthcare in the US is very expensive.

Edited June 4, 2021 by Jorgedig

[HRQX 4,145]

5 hours ago, trliber said:

There’s a huge paragraph on the USCIS webpage for Advanced Parole that reads “Caution” and warns even if one uses Advance Parole it results in USCIS considering the Adjustment of Status abandoned/cancelled. We do not want to risk this under any circumstances. 

It doesn't say that it will happen; it says "may." I.e. he should NOT:

• leave before Form I-131 is approved; or
• miss a biometric appointment, I-485 appointment, etc.; or
• fail to respond to a RFIE, NOID, etc.

5 hours ago, trliber said:

Oh wow that would be amazing if true. I’ll definitely try to consult with an attorney on this

The actual law is clear. See 8 CFR § 245.2(a)(4)(ii)(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."

 

Although only US nationals and American Indians born in Canada (with at least 50% American Indian blood) are guaranteed entry to the US, Advance Parole travel is still very low risk. Prior to my recent Advance Parole entry my other entry was an "illegal entry." Despite that I was still allowed in with my approved Advance Parole:

 

Edited June 4, 2021 by HRQX

[Mike E 11,739]

12 hours ago, trliber said:

Yes thank you. Im looking more into this recently. Does anyone here have direct experience with using Advance Parole to leave the US during Adjustment of Status to green card?

My wife used her AP document three times during the AOS period and had no difficulty returning to the USA  other than long waits in secondary in San Francisco (3 hours) and Los Angeles (30 minutes).  At Abu Dhabi she had no secondary.  So if using AP, always enter the USA in Abu Dhabi, Canada, Ireland, or the preclearance stations in the Caribbean if you don’t like long secondaries.  
 

I dare say AP has been used millions of times for aliens with pending AOS.  I’ve yet to find a single case of marriages based AP holders being denied entrance into the USA.  I’ve read of several  ugly encounters with CBP in secondary.  It is anecdotal but in both my wife’s secondaries she was treated with kindness.  
 

Quote

 

There’s a huge paragraph on the USCIS webpage for Advanced Parole that reads “Caution” and warns even if one uses Advance Parole it results in USCIS considering the Adjustment of Status abandoned/cancelled. 

Please provide a link to that because that is wrong.  
 

22 hours ago, trliber said:

Can he use advanced parole or travel document done under humanitarian reasons with a doctor’s note to go back to his home country for a short period without jeopardizing his green card application?

Once he has AP he doesn’t need a doctor’s note to use it.  If doesn’t have AP a doctor’s note might be helpful to expedite the AP case that I presume you already filed.  

Edited June 4, 2021 by Mike E