Leaving US while I-485 is pending

[rajeshmathew]

Hi Immihelp - I have a question for my parents who have valid visitor visa good for another 5 years. While I-485 is pending, can they leave without an advance parole document as they have a valid visa so that they can come back? If and advance parole document is needed, what will be considered while their entry to US ? the visa or advance parole document?

Could you please advise on this?

Thanks

[johninvc]

Although they have a VISA leaving and re-entry probably will not be a problem, however my advise to you and your family going through this process is stay put. Having a VISA does not guarantee entry so there is possibility they could be denied re-entry. the risk is not worth it unless they are leaving for a family emergency like a death in the family. Secondly I feel adding departure and arrival activity to your records gives case workers more reasons to look at your file further and generate more inquiries specially if when it comes to the interview. I say fly "under the radar" as much as possible while going through this process. STAY PUT

[wavedom]

If you apply for AOS to become a LPR you won’t be able to enter the country again without an approved AP. Did they enter on a B1/B2 visa and you filed I-130 along with I-485 for both of them? If so, it’s not quite the proper way of doing it. Entering with a non-immigrant visa and then applying for AOS might result in being accused of visa fraud.

[rajeshmathew]

That does not sound right. Then in what case you apply for I-130 and I485 when applying for parents? You can apply these together only if they are in USA and naturally they can be in only with B1/B2 visa.

If you apply for AOS to become a LPR you won’t be able to enter the country again without an approved AP. Did they enter on a B1/B2 visa and you filed I-130 along with I-485 for both of them? If so, it’s not quite the proper way of doing it. Entering with a non-immigrant visa and then applying for AOS might result in being accused of visa fraud.

[wavedom]

The B1/B2 visa is a non-immigrant visa, meaning that it is for non-immigrant purposes. Applying for a non-immigrant visa with the intent of immigrating is considered to be visa fraud. If you want to bring your parents to the US so they can become permanent residents, the “right” way of doing it is to first file an I-130 form for each parent. When the petition has been approved it will be forwarded to the consulate/embassy in their home country. Then they can proceed with the visa application at the embassy in order to receive an immigrant visa, which they then can use to enter the US as permanent residents.

Filing an I-485 while being in the US on a B1/B2 is not illegal and doesn’t necessarily cause any problems, but the USCIS might ask them why they didn’t apply for an immigrant visa instead.

[greatfargo]

The B1/B2 visa is a non-immigrant visa, meaning that it is for non-immigrant purposes. Applying for a non-immigrant visa with the intent of immigrating is considered to be visa fraud. If you want to bring your parents to the US so they can become permanent residents, the “right” way of doing it is to first file an I-130 form for each parent. When the petition has been approved it will be forwarded to the consulate/embassy in their home country. Then they can proceed with the visa application at the embassy in order to receive an immigrant visa, which they then can use to enter the US as permanent residents.

Filing an I-485 while being in the US on a B1/B2 is not illegal and doesn’t necessarily cause any problems, but the USCIS might ask them why they didn’t apply for an immigrant visa instead.

I am falling in the same problem. My parent had a B2 visa before I got my citizenship. I applied for 130 and 485 for them and they left the US to not violate the visa limit. We got a letter of approving the 130 but denying the 485 because traveled without advance parole. Is there a way to get out of this weired situation?