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Discussion Topics, Thursday, July 22, 2021:
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Parents who are GC holders, applied for reentry permits, left USA; do they need to return to the USA or can they wait till I-131 is processed?
Question details
My parents who are green card holders applied for the i-131 travel document in Sept 2021. They finished their biometrics in Oct 2021 and left the USA on Nov,14th 2021.
There has not been an update to the case after the biometrics. Do they need to return to the US by Nov 14th, 2022? Or can they wait till the I-131 application is processed before returning to the US?
FAQ Transcript
If they can come back before November I think that would be a good idea just to be safe.There is no guarantee that the reentry permit will be approved, although it is very rare for reentry permits to be denied at least for the first two years.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Parents staying in or traveling to the U.S. while their green card petition is pending
Question details
Would there be any issues with parents reentering the country after filing for GC application? Say the parents entered the US on a B1/B2 visa but applied for GC while they were visiting (not for the first time). They were going to file for it once they were back in the home country anyway, but decided to submit the application now than at a later date due to some health situation that came up during the visit.
Are there chances of the application being denied/or will the parents not be allowed to reenter the country because there have been some medical emergency that happened during the visit? Should those factors need to be addressed before exiting the country before the 6 months stay time is up? And would it still be a problem if that has been addressed with the provider, given it will all be in the history file now? Would there be some state assistance that anyone can get some help with in terms of financial and patient well-being and all?
FAQ Transcript
I have known many immediate relatives of the U.S citizens and they have never had a problem. However, theoretically the problem exists. It would be right to do an immigration pre-clearance somewhere close to home.
Regarding your query on medical emergencies, you could tell them that your parents took the medical treatment. As long as there was no government funding I do not see any problem.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa?
Question details
We are looking to apply for an E2 visa being Canadian Citizens born in India. Seeking your advice on a couple of questions- we have pending F3 status immigration with a 2011 priority date, can the primary applicant on the E2 application be my wife, who is also the primary applicant on F3 immigration? Would you recommend going through consular processing or an adjustment of status for my wife, considering we have a pending immigration file?
FAQ Transcript
In my opinion that can be done because the E-2 visa is kind of a dual intent visa. It allows you to have a green card pending as long as you have no intention to violate U.S immigration laws and you have the intention to go back to your home country if required.