Legal Question in Immigration Law in Virginia

My parents came to US on B1/B2 in March 2014. In July 1st Week (after 3 Months), we filed concurrent application for green card. Their I-94 expired on 09/07/2014. Their AP has been approved now while I485 and I130 still processing. Fingerprinting is also done. Is it safe for them to visit India for 2 Weeks to attend a wedding? What are the chances they will have trouble re-entering US or them being not allowed to enter at all. Anything we should be careful about before planning a trip?

The travel dates are Nov 13- Nov 26. We are still hoping to get an interview date before that.

Their ages are 67 and 66 (if that helps)

Asked on 10/08/14, 1:16 pm

3 Answers from Attorneys

Gregory Bryl Attorney At Law

Based on your description of the situation, your parents should be ok visiting India on the dates planned. The most common issue that arises in such situations is why they entered on a B1/B2, and then filed for GC. Since your parents waited at least 60 days after entry to file for GC, there is no presumption that they used their B1/B2 visas for an improper purpose. However, consular officers still have discretion to raise this issue with them, so they should be prepared to explain what was the initial purpose of their visit at the time of entry on B1/B2, and how the circumstances changed afterwards causing them to apply for GCs from within the U.S.

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Answered on 10/08/14, 3:00 pm
Marlene Hemmings Marlene Hemmings, Attorney at Law

As long as they did not accrue illegal presence prior to filing for adjustment of status, then travel with valid advance parole is permitted.

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Answered on 10/08/14, 3:05 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC


Please call me at (212) 968-8600 or toll-free at (800) 750-1828.

Kind regards,


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Answered on 10/12/14, 10:08 am

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