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Filing GC for Parents while they are in US, International Travel

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  • Filing GC for Parents while they are in US, International Travel

    My parents are in the US on a B2 visa on 6 months stay. I plan to file the Green Card for them (Adjustment of Status).

    First half their 6 months stay is in US and the second half with my brother's family in Canada. They already have a Canadian Visa (V-1)

    Question: I am planning to file their GC application soon. Are they allowed to travel outside the US to Canada while the Green Card application is pending? My understanding is they would have to wait for the EAD before they can travel outside the US, Is this correct? If yes, what is the typical timeframe to get an EAD if their application is filed from US.

    Thanks in advance

    Regards
    Amit

  • #2
    They cannot leave the US while their I-485 is pending, or they will automatically abandon their I-485, unless they have been granted Advance Parole before they leave. They can apply for both EAD (with I-765) and Advance Parole (with I-131) for free with their I-485s, and if they apply for both EAD and AP, the EAD and AP usually come together on a single "combo card" (though it's possible for them to come separately, as a standalone EAD card and AP papers). When they get their EAD they need to check if it says "also serves as I-512 Advance Parole" on it to see if it's also an Advance Parole. EAD/AP can sometimes take more than half a year to get.

    This is my personal opinion and is not to be construed as legal advice.

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