I-131 Application for Travel turnaround time

[bohonk73 0]

I am going to file an AOS, currently in the US on a F-1 student visa, married to a US citizen last June.

I would like to have the opportunity to travel outside the US when my case is pending (to go to a relevant conference in my field of study).

What will happen to my F-1 status when the case is pending? Does anyone have experience with the turnaround time on a I-131? Should I include the I-131 request with my AOS packet? Or should I wait until after the case has been filed?

Thanks for any help or direction to relevant topics -

[ahebl 0]

File everything together. Turnaround time right now for I-131 for people where everything proceeds smoothly is about 2 months.

[rebeccajo 14]

You should speak to an attorney about whether or not you should travel even if you possess a travel document.

You will probably be advised against it.

[ahebl 0]

What on earth are you talking about? My wife just got her advance parole document approved, and everyone around here has been pretty clear that we should have no trouble traveling at all.

[rebeccajo 14]

What on earth are you talking about? My wife just got her advance parole document approved, and everyone around here has been pretty clear that we should have no trouble traveling at all.

It depends on how you entered the country originally as to whether or not you should travel on advance parole.

Persons filing for adjustment off of any other visa than a family based visa are in the country (after filing) at the pleasure of the US government by virtue of their marriage. For example, persons who enter on the VWP didn't arrive here to marry. The marriage they file under is the only thing that allows them to stay legally beyond the 90 day VWP time limit. If they leave the country they have abandoned that right to be here.

A 'paroled' entry is different than any other kind of entry. The document tells CBP you can come back in, but you have no status of any kind when you arrive that way. You aren't a K1 entry; you aren't a VWP entry; you aren't a J1 entry - you are 'paroled' into the country.

It was explained here previously like so - your physical self is admitted, but your legal self is still waiting at the door.

That's a precarious position while one awaits a greencard. Most immigration attorneys will advise against any kind of travel to those persons adjusting off of other visa types.

Edited April 17, 2008 by rebeccajo

[ahebl 0]

Ok, so we don't have an actual status if we reenter with advance parole. What about the practical implications? We want to travel abroad and reenter the US while our AOS application is pending. We CAN legally do so with advance parole, and there is no other way otherwise.

I really don't see any risk. The whole point of advance parole is to authorize us to do exactly what we are talking about doing, and we do so completely legally.

To simply not travel completely defeats the whole purpose of advance parole, and if we are going to try to immigrate lawfully, the government owes us some measure to compensate for the ridiculous processing times. Advance parole is otherwise completely meaningless.

In addition, I'm sure that bohonk doesn't want to listen to a debate about the merits of advance parole, but there is absolutely no question that he will be able to travel back into the US with the advance parole document -- exactly what he wants to do -- as long as he does so in a manner that is in all other respects lawful.

The straight answer, bohonk, is that once you get the advance parole document, you CAN go to your conference, and you SHOULDN'T worry about it.

[rebeccajo 14]

No, I'm sorry, that's not the 'straight' answer.

The 'straight' answer is going to best be found by consulting an immigration attorney and having them tell you, based upon the manner in which you legally entered the LAST time, if you should be exiting again.

USCIS will happily issue you an I131. They don't tell you whether you should be using it or not.

This shouldn't be an issue where you get annoyed with me because you don't like what I am telling you. You could find yourself more unhappy if you leave the country and are not re-admitted - which is perhaps the 'practical' implication you are looking for.

Edited April 17, 2008 by rebeccajo

[ahebl 0]

I'm sorry, but what would be their basis for denying readmission?

I'm not upset with you or your response -- I appreciate it as quite educational. The only thing is that it runs contrary to everything else I have ever heard on these boards about advance parole, and is somewhat disheartening if true.

But again, what would be the basis for denial of admission at the point of entry. Isn't the whole point of advance parole to provide a lawful means for reentering while the AOS is pending? Are they just going to say, "you are in legal limbo, even though you did everything right, so we are not going to let you back into the country and cause substantial hardship to you and your spouse?"

I'm just trying to imagine the circumstances which would render this advance parole document completely irrelevant.

[rebeccajo 14]

Most people are telling you it's ok to use the document because most of the posters to this forum entered on a K1 visa. K3 are multiple-entry visas, so they can also travel at will. But even K1's fall into the 'technical' limbo I described to you above whenever they travel on advance parole. BUT - since their original entry (even though it was technically non immigrant) was based upon a pending marriage to a USC, the paroled entry is considered less risky for them (some attorneys would argue otherwise but let's not get into that.....)

The problem is how you entered the last time. Essentially if you entered on a non-immigrant visa, you are saying when you attempt to adjust your status - oh wait I changed my mind. Until that status has been adjusted, the government hasn't 'blessed' your request. Because you married a USC, you are allowed to stay (by law) but if you leave - well you've given up that one little apple.

Like I said...USCIS will give you an Advance Parole document if you request it. But they don't tell you what may happen if you choose to use it. Some visa entrants can come and go while adjusting - those types are few and far between. I don't know the types that can, but in MOST cases once you file for adjustment, you loose the status any previous visas may have given you.

An immigration attorney can tell you which category you fall into.

Edited April 17, 2008 by rebeccajo

[ahebl 0]

The problem is how you entered the last time. Essentially if you entered on a non-immigrant visa, you are saying when you attempt to adjust your status - oh wait I changed my mind. Until that status has been adjusted, the government hasn't 'blessed' your request. Because you married a USC, you are allowed to stay (by law) but if you leave - well you've given up that one little apple.

By "giving up that one little apple," is CBP really going to deny entry at the border, and again, what would be their basis for doing so?

I was also under the impression that by merely filing for AOS, you have permission to stay in the US if when you filed you were legal, and that if your previous legal status expires while your application is pending, you are still legally in the US, independent of whether you are married or not. So I'm a little confused that merely being married gives you a right to stay. I thought that filing AOS while legally in status permits you to stay while the application is pending.

This also applies regarding people who enter on a fiance visa, which must be used within 90 days. Are you telling me that after their 90 day visa expires, even if they obtain advance parole, because their previous status is no longer valid they are likely to get denied when reentering? That doesn't make sense, but it seems like the same logic to me. Correct me if I'm wrong.

Edited April 17, 2008 by ahebl

[ahebl 0]

I think you are 100% right if a nonimmigrant visa is obtained fraudulently for the purpose of entering the US, and then the visaholder marries afterwards in order to stay. But what about people who genuinely obtain a nonimmigrant visa, and then get married? I don't think there's a questionable "I changed my mind" going on in that case.

[bluegreen 0]

Bohonk and Ahebl,

I'm filing concurrently, from visitor visa status (NOT VWP as I am Canadian). I did quite a bit of research on this, because I want to travel on my advance parole, and plan on doing so (was super excited to receive notice today, as you know Ahebl!).

From what I can work out, you are probably alright if you were in legal status when you filed AOS. If you were in overstay, then you should stay put . Anyone can be detained at the border and not readmitted, and I guess our type of case will be scrutinized more closely than someone who entered on a spousal visa (especially me - I entered as a visitor only four months ago).

Many lawyers DO advise against it, mainly because once you are paroled back in, you lose your right to stay in the US if you are denied your Greencard and you need to appeal. This is what I can ascertained from reading around here anyway.

Lots of people who adjust from VWP are in overstay when they file AOS, (of course not all, but many) which does make it riskier for being denied re-entry, from what I can understand. I think you would have to be a pretty picky and mean immigration officer to do that, but maybe I'm just idealistic:)

The other thing I have worked out from reading around here is that plenty of people adjusting like we are travel on AP all the time. A lady in the Canadian forum has just been on two trips - to Europe and to Canada.

I think the risk is more to do with your rights should you be denied your Greencard, not being readmitted (unless you have badly overstayed).

It is a personal decision, but I am planning on using it and have weighed the risks (or, what I can figure out about the risks anyways). I think this is a touchy subject becasue some people have been strongly advised not to travel by their lawyers, whereas others have travelled no problem.

Just my 2 cents - I don't know too much about this:)

Edited April 17, 2008 by bluegreen

[ahebl 0]

Thank you for that very articulate summation. We are gonna go for it!!!!

[rebeccajo 14]

I try to find plain language links whenever I can:

http://immigration.about.com/cs/immigratio...ttravelperm.htm

Please consult with an attorney before you leave the country. You may be fine. The few dollars you spend for a consultation are nothing compared to peace of mind you will gain from your decision.

Edited April 17, 2008 by rebeccajo

[bluegreen 0]

Me too:) If I don't get readmitted, we're going to ride out a ban or spousal visa application on the beach in Portugal...maybe after your trip you could recommend some nice beaches.

*That is a joke, for anyone worried I am not taking the process seriously enough....*