Mountain View, CA asked in Immigration Law for California

Q: I 485 filed in Nov 2022 with I130 approved in June 2022, I 94 expiring in Jan 21st 2023. Option to travel outside US?

My parents got I-130 approved in June'2022. I filed their AOS (I-485) in Nov 2022, waiting to hear from USCIS. Their I-94 is valid till Jan 21'2023. They want to travel to India in Jan/Feb 2023. While waiting for I 485 approval, can I file their Advanced Parole (I-131) so that they can travel in Jan/Feb 2023? If not, Is there any other options which will allow them to travel outside US without affecting their I-485 application?

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1 Lawyer Answer
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: The current posted processing time for Form I-131 (Advanced Parole) at the National Benefits Center is 11.5 months, so if you file the AP applications now the applications will not be approved in time for travel in the next month. If your parents have an emergency reason they need to travel to India asap you can make an Infopass appointment at your local field office to ask for emergency AP.

Even if their I-94s are still valid, they can no longer travel as tourists since they have filed their adjustment applications. In addition, if they leave the United States without advanced parole their adjustment applications will be deemed abandoned and will be denied. Therefore, if they wish to travel without jeopardizing their adjustment applications they will have to wait for the AP to be approved.

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