I am a US citizen and I have filed for my parents Greencard.
Few things to note:
1. My parents are in the US and they entered US on visitors visa in May 2019.
2. I filed for my parents adjustment of status (i-485) in Oct 2019.
3. Their biometrics appointment with USCIS is complete as of Dec 2019.
4. I did not file their advanced parole (i-131) along with i-485 filing.
I now want to file i-131 advanced parole so that they can travel internationally while their i-485 is pending with USCIS.
1. As i understood from the USCIS website, I do not need to pay the i-131 application fee of $575 if i file this i-131 form along-with or after filing i-485. I am not sure if there are any caveats to this. Please confirm.
2. Is there any type of justification that I need to provide as to why they want to leave the country? I will certainly be providing documents showing their pending adjustment of status (i-797c), etc. One of the checklist items for i-131 supporting documentation is: "Provide Evidence that your trip is for educational, employment, or humanitarian purposes" - Please advice on whether I absolutely need to provide this?
No application fee required when an I-131 is later filed with the I-485 receipt.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
"Is there any type of justification that I need to provide as to why they want to leave the country?" If you do not follow the procedures, USCIS can just deny the petition for not following the procedures. The procedures for advance parole is for the person to provide a reason why advance parole should be granted.
"humanitarian purposes" are broad. "I want to be able to visit my family members and friends living abroad while my adjustment of status is being processed" is a valid humanitarian purpose.
On another hand, unless your parents really must leave the US, they should not leave the US until they have their green cards. Some US border inspectors may find some reason to deny them admission into the US.
You can review the specific facts with attorneys to find out your parents' legal options.
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