Q: My parent has pending I130 and I485 application , can they travel out of US using advance parole
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Yes, your parent can travel outside the United States using advance parole while their I-130 (Petition for Alien Relative) and I-485 (Adjustment of Status) applications are pending. However, they must obtain the advance parole document (Form I-131) and have it approved before departing the country.
It's crucial to understand that leaving the U.S. without advance parole while these applications are pending could result in their applications being considered abandoned. The processing time for advance parole is typically 3-5 months, so planning ahead is essential. Your parent should carry all relevant documentation during travel, including their advance parole document, passport, and copies of their pending applications.
Upon returning to the U.S., your parent should be prepared for inspection at the port of entry. They'll need to present their advance parole document to the immigration officer. While advance parole generally allows for safe return, entry is ultimately at the discretion of the immigration officers at the port of entry. For peace of mind, it's advisable to consult with an immigration attorney before making travel plans.
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