I am a USC, can my mother whose I-485/I-130 pending eligible to apply for reentry permit but not advance parole?

Asked 7 months ago - Chicago, IL

I am a USC, can my mother whose I-485/I-130 pending eligible to apply for reentry permit but not advance parole?, we did filed and receieved EAD ,Adavance parole(1 year)& SSN.
my mother need to travel abroad to stay with my father whose health is not good, so she don't have plans to return within 14-18months, I am assuming that only Perm LPR or conditional LPR is eligible to get re-entry permit
but not a person who is adjusting status I-485 pending.

Please shed some light.

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes. She will be able to eventually, when she is an LPR. Until then, Advance Parole it is.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Stephen D. Berman

    Contributor Level 20

    2

    Lawyers agree

    Answered . You cannot file for adjustment of status if you are going to be gone for 14 - 18 months, since adjustment takes less than a year. Instead, try just filing an immigrant visa petition and your mother can immigrate with the immigrant visa.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. Jennifer Heewon Ahn

    Contributor Level 13

    2

    Lawyers agree

    Answered . Your mother can travel abroad with her Advance Parole while her I-485 is pending. She can apply for a re-entry permit after she receive her I-485 approval. She shouldn't plan to be out for 14-18 months at this point in her case. Schedule a consultation for your mom to discuss her options in detail.

    Attorney Jennifer Ahn's answer is to provide general information only, and should not be construed as legal advice... more
  4. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . It is possible, if your mother doesn't return in time for her interview, that her case will be considered abandoned, and she would need to start all over. If she does return and gets her green card, then afterwards she can apply for a reentry permit.

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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