Advance Parole

[gogal2020 0]

Hi all,

Does anyone know how long can one stay in Russia with Advance Parole, legally, so they wouldn't abandon thier AOS here in the states? I have a friend in Russia now, and she's in the hospital, so I was wondering how long can she stay in Russia with her AP.

Thank you,

Gogal.

[1HappyGuy 45]

I believe that your friend needs to return before the time period stated on the travel document. Generally advanced parole is for one year so it depends on when it was issued. You friend needs to look at their document to see how long they have for its active status.

[Chris Parker 11]

Does anyone know how long can one stay in Russia with Advance Parole, legally, so they wouldn't abandon thier AOS here in the states? I have a friend in Russia now, and she's in the hospital, so I was wondering how long can she stay in Russia with her AP.

You must return to the U.S. with the AP before its stated expiration date. Bear in mind, also, that if you miss your adjustment interview while abroad (presuming your I-130 is approved, or are doing a K-1 adjustment), you'll have to re-file I-485 with a new fee when you return to the U.S. in order to resume AOS and wait all over again for a new interview date.

Edited February 14, 2008 by Chris Parker

[Jason-Sasha 1]

Does anyone know how long can one stay in Russia with Advance Parole, legally, so they wouldn't abandon thier AOS here in the states? I have a friend in Russia now, and she's in the hospital, so I was wondering how long can she stay in Russia with her AP.

You must return to the U.S. with the AP before its stated expiration date. Bear in mind, also, that if you miss your adjustment interview while abroad (presuming your I-130 is approved, or are doing a K-1 adjustment), you'll have to re-file I-485 with a new fee when you return to the U.S. in order to resume AOS and wait all over again for a new interview date.

Uggh.

[slim 1,530]

Isnt' there some rule about living outside the U.S. for more than six months?

I was under the impression that if you lived abroad for more than six months you foreited your green card and/or application... maybe that's just a VJ legend???

Topics like this are better posted in the K-1, NVC, etc., etc., threads. There are people there that are up-to-the-minute on the rules and regulations of immigration law. They know before USCIS knows!

[gogal2020 0]

Isnt' there some rule about living outside the U.S. for more than six months?

I was under the impression that if you lived abroad for more than six months you foreited your green card and/or application... maybe that's just a VJ legend???

Topics like this are better posted in the K-1, NVC, etc., etc., threads. There are people there that are up-to-the-minute on the rules and regulations of immigration law. They know before USCIS knows!

That's what I heard too, Slim. So that's why i was asking, if it was 6 months or until the AP document expires...

[Krikit 1,165]

Hi Gogal. I put the link to the policy and procedure in your other thread. You can be absent from the US for up to one year without losing resident status. Up to two years if you apply for and receive a reentry permit, but no longer than that. However, the reentry permit won't preserve your residence for naturalization purposes. That has to be applied for separately. In any event, you definitely need to be back prior to the expiration on the AP. Here is the link.

Edited February 14, 2008 by Crikey!

[Satellite 1]

Bear in mind, also, that if you miss your adjustment interview while abroad (presuming your I-130 is approved, or are doing a K-1 adjustment), you'll have to re-file I-485 with a new fee when you return to the U.S. in order to resume AOS and wait all over again for a new interview date.

Wouldn't you be barred from re-entering with your AP if you miss your AOS interview. I was under the assumption that your adjustment of status application is abandoned if you miss the interview and thus you would be denied at the POE when you attempt to present your AP. Thus forcing you to file an I-130 and use K3/CR1 visa if you were a K1 adjuster. K3 folks should be able to enter using their valid 2 year K3 multi-entry visa as originally issued or wait it out for their CR1 interview.

[Chris Parker 11]

Isnt' there some rule about living outside the U.S. for more than six months?

I was under the impression that if you lived abroad for more than six months you foreited your green card and/or application... maybe that's just a VJ legend???

Topics like this are better posted in the K-1, NVC, etc., etc., threads. There are people there that are up-to-the-minute on the rules and regulations of immigration law. They know before USCIS knows!

That rule only applies once you are lawful permanent resident... it doesn't apply during adjustment of status.

The Advance Parole itself controls by when you must return to the U.S. to be able to resume your adjustment application.

For the those interested in the rule Slim speaks about...

A lawful permanent resident must maintain their permanent residence in to the U.S. at all times whenever traveling on "temporary visits abroad" in order to avoid abandoning their status and qualify for returning resident status upon return. Merely maintaining an address within the U.S. is not enough... the intention and actions on the trip must be, at all times, to return to the permanent residence in the U.S. upon a fixed date or specific event.

To help enforce this principle (the burden of proof being on the immigration inspectors that status was abandoned), several rules have been developed...

Returning residents who have been abroad for less than 6 months only need to show proof of their permanent resident status (usually the permanent resident card) to resume their status.

Returning residents who have been abroad for more than 6 months are treated as "applicants for admission" and can be interrogated more thoroughly to determine admissibility and may be denied admission if found to be inadmissible.

Returning residents who have been abroad for more than 1 year must possess either a permit to re-enter or a returning resident visa in order to be re-admitted. The permit to re-enter cannot be issued for longer than 2 years and helps to prove that the trip abroad was temporary because it was issued based on a pre-approval by the immigration service that it would be considered a temporary visit abroad while maintaining a permanent residence within the U.S. The returning resident visa, similarly, proves that a consular officer has examined the facts and circumstances surrounding the trip aborad and found that it qualifies as a temporary visit abroad while continuing to maintain a permanent residence within the U.S.

However, in any of the three cases above, if the permanent resident did not leave the U.S. with plans about when to return, or if the permanent resident has been outside the U.S. most of the time over several trips (such as visiting the U.S. for 2 weeks every 6 months in an attempt to preserve their status without actually permanently residing in the U.S. anymore), the returning resident could be placed in removal proceedings to determine if the U.S. residence (and consequently, permanent resident status) has been abandoned.

Hope that clarifies any confusion folks may have about the immigration process and the responsibilities of the intending immigrant/immigrant.

[Chris Parker 11]

Wouldn't you be barred from re-entering with your AP if you miss your AOS interview. I was under the assumption that your adjustment of status application is abandoned if you miss the interview and thus you would be denied at the POE when you attempt to present your AP. Thus forcing you to file an I-130 and use K3/CR1 visa if you were a K1 adjuster. K3 folks should be able to enter using their valid 2 year K3 multi-entry visa as originally issued or wait it out for their CR1 interview.

Parole is not the same as admission. In fact, it even permits inadmissibles to nevertheless enter the U.S.

The only requirement stated on the advance parole document for parole to be granted is that "prima facie eligibility" be shown for the adjustment of status in order for the applicant to be paroled for the purpose of "resuming" their application. The Advance Parole stands on its own as an immigration travel document; its validity is not dependent upon the continued pendency of the adjustment application it was granted based upon.

Missing your adjustment interview does constitute an abandonment of your application. However, that type of denial says nothing indicating ineligibilty for adjustment itself. So long as the I-130 petition was approved, or the adjustment is a K-1 adjustment based upon marriage to the I-129F petitioner, the beneficiary is clearly eligible to resume their previous application by re-filing Form I-485 with a new fee upon re-entry with parole and can use the Advance Parole to re-enter the U.S.

Yes, if you know you missed your adjustment interview while abroad, you could choose to instead remain abroad and pursue a new visa to re-enter the U.S. with, but that will most definitely require you to remain outside the U.S. longer than you may want to.

[gogal2020 0]

Thank you all for your replies!

[slim 1,530]

Well that pretty much clears up everything.

What an efficient bunch here in the Russia Forum! Thanks, guys!

[Chris Parker 11]

So long as the I-130 petition was approved, or the adjustment is a K-1 adjustment based upon marriage to the I-129F petitioner, the beneficiary is clearly eligible to resume their previous application by re-filing Form I-485 with a new fee upon re-entry with parole

One additional thought on this point...

If you receive the denial notice when you return to the U.S. and it is dated less than 30 days ago, you could also do a Motion to Re-open to resume the I-485 application and submit evidence that you were abroad when the interview notice was mailed and therefore you could not receive the notice or could not return it signed in time to request that the interview be rescheduled. However, if you did not yet receive the denial notice, I wouldn't waste time after returning waiting for the denial rather than re-filing with the full fee ASAP.

Edited February 15, 2008 by Chris Parker