My parents came to the US back in 1989. My brother is a 21 year old US Citizen and applied for adjustment of status for them a month ago. Their application is pending. Can they apply for advance parole to see their ill parents?
Your parents can request advance parole based upon their pending applications for adjustment of status. Each parent will need to complete Form I-131. It will take approximately 90 days for USCIS to process their applications. I would encourage you to work with an attorney. You should also discuss your parents' immigration history with an attorney before they travel to minimize any risk.
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As applicants for adjustment of status your parents can apply for adjustment of status. There may be risks in leaving the US, even with advanced parole, however. They should speak to a qualified immigration attorney before deciding whether to travel before becoming permanent residents.
This response does not constitute legal advice, as not all of the facts are known to me. This response does not establish an attorney-client relationship. I recommend you meet with an attorney to discuss your situation.
Your parents may apply for advance parole. However, it is highly important that they schedule a consultation with an experienced immigration lawyer to discuss their immigration history before making any final decision on whether it would be advisable for them to leave the U.S. with their advance parole documents, rather than waiting to become U.S. Permanent Residents before engaging in any international travel.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
Did they originally enter lawfully?
This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.
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