Consequences of leaving before receiving advance parole

[Nitas_man 3,100]

3 hours ago, cookieeater said:

Hello everyone, I came to the United States on a K2 visa. It just so happens that I need to leave before getting the Advance Parole. I also applied for I-765, Application for Employment Authorization, I-485, Application to Register Permanent Residence or Adjust Status, I-131, Application for Travel Document.  I understand that I automatically refuse to receive Advance Parole if I leave the United States. Some write that I may be banned from entering the United States for 10 years if I leave, and I do not fully understand what legal consequences may occur. Can you tell me what happens if you leave the United States before receiving advance parole? Thank you in advance.

Pending AOS is not out of status and fulfilling the requirements of the K1 fulfills the requirements of the K2.

 

You have to start all over with a new petition, assuming you qualify under some category

Edited June 4, 2021 by Nitas_man

[SteveInBostonI130 3,459]

Please tell us a bit more about your situation.  How old are you, what country are you from, and when did your mom/dad get married and submitted his/her AOS package?

 

If you leave in 2 weeks, your I-94 will have expired and you will loose your ESTA privileges (if any).  You will not get a ban because you would have left within 6 months of the I-94 expiration.

 

Your AOS, AP and EAD would be deemed abandoned.  In order to get back to the US, you would need to apply for a tourist visa at the least.

 

To immigrate back to the US, your parent would need to file for a I-130 when they become a US permanent resident (AOS approved).  That process takes 1-2 yrs from filing the I-130, if you are unmarried and under 21 when it is approved.  I am not sure if you need to be under 21 at the time of the interview - someone here can verify?

 

If you are over 21 or married during the I-130 process, then the wait would be 7+ years.

 

Depending on your reasons for needing to travel, you can call USCIS and ask for an emergency infopass appointment for your AP.

[SusieQQQ 11,586]

12 minutes ago, SteveInBostonI130 said:

To immigrate back to the US, your parent would need to file for a I-130 when they become a US permanent resident (AOS approved).  That process takes 1-2 yrs from filing the I-130, if you are unmarried and under 21 when it is approved.  I am not sure if you need to be under 21 at the time of the interview - someone here can verify?

If the parent/stepparent marriage takes place before age 18 then the step relationship is recognized for immigration purposes. Stepparent can file IR2 and as long as stepchild is under 21 at time petition is properly filed they will not age out. However  if OP is over 18 at the time of the marriage only the green card biological parent can file, under F2A assuming still under 21. This usually takes around 2 years. There is a risk child will age out under this category with various moving parts affecting the calculation. If OP is over 21 when a petition is filed it will be 6-7 years.

[retheem 566]

21 hours ago, cookieeater said:

Hello everyone, I came to the United States on a K2 visa. It just so happens that I need to leave before getting the Advance Parole. I also applied for I-765, Application for Employment Authorization, I-485, Application to Register Permanent Residence or Adjust Status, I-131, Application for Travel Document.  I understand that I automatically refuse to receive Advance Parole if I leave the United States. Some write that I may be banned from entering the United States for 10 years if I leave, and I do not fully understand what legal consequences may occur. Can you tell me what happens if you leave the United States before receiving advance parole? Thank you in advance.

You will have to start from ground zero- applying for a CR2 visa and if at any point you are over 21, you are looking at 6-7 years before you come back. So you will have to really sit down and think what is best for you. Even matters death, you can wait out until you get your Advance Parole. Look, whether you go now or later, the person is gone and will not resurrect. But you have a lot more to lose. Engage your mind just a lil' bit.

[HRQX 4,145]

3 hours ago, SteveInBostonI130 said:

You will not get a ban because you would have left within 6 months of the I-94 expiration.

Even if OP stays longer than that before departing then there's still no ban because OP is in a period of authorized stay. https://fam.state.gov/FAM/09FAM/09FAM030211.html "DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include: ... (5) (U) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated);"

Edited June 4, 2021 by HRQX