Legal Question in Immigration Law in Virginia

My father-in-law has a travel visa and is currently in the USA. My wife and I, have submitted a petition and all the necessary forms/documentations (i-485, I-130, I-864, I-765 and etc.) to adjust my father-in-laws status to become a permanent resident. He successfully completed his biometrics appointment a month ago but his 6 month travel stay is almost up. My question is, does he need to go back overseas and wait for his green card and come back or can he just wait here in the US and not get in trouble?

Asked on 10/20/17, 11:13 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

He absolutely should NOT leave the country; that 's the purpose of filing for adjustment of status. He can leave, however, once he gets his "advance parole" (assuming he filed form I-131). If he didn't file form I-131, then he should file it now (and pay an additional filing fee) if he plans on leaving the U.S. prior to his AOS interview.

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Answered on 10/20/17, 11:17 am

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