I-130 PENDING BUT NEED TO TRAVEL OUT OF THE COUNTRY

[retheem 564]

Don't even think about it.  Wait until their green cards are out

 

Edited April 14, 2022 by retheem

[nastra30 2,284]

6 hours ago, retheem said:

Don't even think about it.  Wait until their green cards are out

 

Op only filed I-130. That in and by itself won't get them a greencard. An approved I-130 is just a paper with no immigration value. Op didn't file I-485 and I-131. Just staying in the US with approved I-130 beyond their authorized stay of their tourist visas will ultimately lead to being in the country illegally at some point. Op will have to file I-485 if the original intent was to adjust. 

So parents can certainly leave and try to revisit again on their tourist visas but entry will be at the discretion of CBP, and at this point they've already established immigration intent so CBP will scrutinize their entry. Additionally, entering the US with intent to adjust is fraud. Also, as op is now finding out adjusting in the US has it's drawbacks. Like you can't leave the US until you have the proper documentation to do so which could take months, and then boom an emergency situation pops up which will require you to visit home and abandon the adjustment process, and start over again at the consulate.

[Ontarkie 14,221]

~~Hijack post removed. Please start your own thread for questions on your own case.~~

[Kai G. Llewellyn 837]

Y'all need to either file I-131 and I-485 if they want to remain in the US. If they urgently need to travel, request the I-131 be expedited, but this is discretionary and the expedite may well not be granted. They can only travel once the I-131 is approved and they have been granted advance parole. If they want to work, you'll also need to file I-765. I-131 and I-765 are free when filed with the I-485.

 

Otherwise, if they leave now, they'll need to go through Consular Processing in Kenya and wait out the process there.

 

They cannot leave and re-enter on a B1/B2 with the intent to adjust status, that is considered visa fraud. The decision to adjust status must be made when they are already in the country having been admitted, not prior to or at entry...or re-entry for that matter.

Edited April 14, 2022 by Kai G. Llewellyn