Can my dad leave USA without the travel document I131 ?

[miamiparis]

My dad is 82 years old, he came to USA with visa waiver (the 3 months of this visa have expired), I applied for his green card. He has a weak heart and needs to take blood test and some medicine in France. Can he go to France without the travel document? Then, when I will receive it at my home address in USA, I will send it to him in France and he will come back for the green card interview.
It's probably possible to buy the medicine in USA but his monthly blood tests allow the doctor to know how much medicine he needs. USCIS received his travel document application on April 24th, and the normal processing time is 3 months, he could wait for the 3 months, but if USCIS is late, that would be a big problem.

[rayb]

Since your dad has exceeded his allowable visa waiver stay, returning to the U.S. with a visa waiver could result in a denial of entry and forced return to France.

If you were to send the Advance Parole card to him, there is still a risk that his visa waiver overstay could cause him problems, and maybe even denial, at entry. An Advance Parole cannot be trusted, in my opinion, for reentry with former visa waiver entrants.

My advice would be to avoid sending dad bad and find a way to meet his medical requirements while he remains in the U.S.

--Ray B

My dad is 82 years old, he came to USA with visa waiver (the 3 months of this visa have expired), I applied for his green card. He has a weak heart and needs to take blood test and some medicine in France. Can he go to France without the travel document? Then, when I will receive it at my home address in USA, I will send it to him in France and he will come back for the green card interview.
It's probably possible to buy the medicine in USA but his monthly blood tests allow the doctor to know how much medicine he needs. USCIS received his travel document application on April 24th, and the normal processing time is 3 months, he could wait for the 3 months, but if USCIS is late, that would be a big problem.