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WHAT HAPPENS IF MY PARENTS LEAVE WHILE THEIR ADJUSTMENT OF STATUS IS PENDING?

         Question:

Hi Ms. Pallavi,

Had a quick question for my parents green card sponsorship.  My sister is a US Citizen planning to apply for my parents green cards who are here currently on visitor visas.  Question;  If she applies now, while they are in the U.S., how long will it take to get a green card and second, can they leave the country and come back on visitor visa while the green card application is still under processing? Will they have issues re-entering the U.S. if their green card is filed or should they get the green card first and then leave the country?

Answer: 

Your parents, if they file for an adjustment inside the country cannot leave until they have travel permission. Their departure will abandon their adjustment of status application. They have to get the advance parole and only after its approval are they allowed to leave. It takes a green card for an immediate relative of a USC about 12 months to 16 months.

It is first important to evaluate their intent related issues after their entry, prior to filing their adjustment of status.

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