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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.