Semrem

I filed forms I-130 and I-485 for my mother about 5 months ago. She is
currently in the US and has already taken the fingerprints. My mother will
need to leave the US in 4-6 weeks and I plan to file form I-131 to get her
advance parole. My questions are:

1. Does the advance parole stop the green card process, or does the INS
continue to process her applications? If the process is stopped, do we need
to ask the INS to restart it when my mother returns to the US?

2. Is the advance parole required to show at departure time? I mean, if her
departure date approaches and the INS has not responded to the I-131, should
we delay her departure until we hear back from the INS?

Thanks.

-Ayman

Eiolf S. Andstrog

"Semrem" <[email protected]> wrote in message
news:[email protected]...
    > I filed forms I-130 and I-485 for my mother about 5 months ago. She is
    > currently in the US and has already taken the fingerprints. My mother will
    > need to leave the US in 4-6 weeks and I plan to file form I-131 to get her
    > advance parole. My questions are:
    > 1. Does the advance parole stop the green card process, or does the INS
    > continue to process her applications? If the process is stopped, do we
need
    > to ask the INS to restart it when my mother returns to the US?
    > 2. Is the advance parole required to show at departure time? I mean, if
her
    > departure date approaches and the INS has not responded to the I-131,
should
    > we delay her departure until we hear back from the INS?

You may be in a bit of trouble - depending on where you are, the processing
time for the AP can be fairly long (mine was 3 months - Detroit office)

1. No, as far as I know it doesn't affect the processing time of the GC

2. Not at departure from the U.S., but she will have to show it before she
boards the plane coming back to the U.S.

Note: Do not leave the country without it!! (She has to show up in person
to pick up the documents - no attorneys or family members may appear on her
behalf) If she leaves the country without an AP, the AOS is considered
abandonded and you'll have to start all over again.

Make photocopies of all the documents, including the I-94 in her passport at
the moment (she'll have to surrender it when leaving the U.S.)

Best of luck!

E

Jozef

"Semrem" wrote in message
news:[email protected]...
    > 1. Does the advance parole stop the green card process, or does the INS
    > continue to process her applications? If the process is stopped, do we
need
    > to ask the INS to restart it when my mother returns to the US?

The opposite: Advance Parole keeps the Green Card process from being
stopped.

    > 2. Is the advance parole required to show at departure time?

No. It's a re-entry document.

    > I mean, if her
    > departure date approaches and the INS has not responded to the I-131,
should
    > we delay her departure until we hear back from the INS?

Yes - see above.
If it's an emergency, you may be able get a travel document in your local
CIS office.