I-131 Advanced parole question

[MarkBUK 0]

We're about to submit our full AOS package which includes the I-131 advanced parole document. In our case, one of the purposes of travel is that I have a sick relative in England where there is a reasonable chance that she may pass away before my green-card and permanent residence is granted.

Naturally, I would like to go back if/when this happens with permission and since there is no fixed-date for this would I am unsure what to enter in part 3 of the form. In part 2 I checked (d) applying for advanced parole. I'm thinking that I may have to outline my circumstances on a separate sheet of paper in part 7 perhaps.

Anybody else had an I-131 query of this nature? Thanks

[YuAndDan 153]

For Relative based adjustment of status NO justification needs to be made for AP other than to be able to visit family while AOS is pending.

If you dont have AP at the time that you NEED to travel, schedule an info pass appointment and see about an emergency AP. Don't leave the USA without AP, or you will be abandoning the AOS, and starting the immigrations process over again, this time for a spouse visa.

Also your profile and timeline give no indication as to what visa you entered the USA on.

If K-3 you don't need AP to tavel, K-3 is multi entry.

From form I-131 directions:

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:

1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

http://www.uscis.gov/files/form/I-131instr.pdf

http://www.visajourney.com/timeline/profile.php?id=32451

Edited June 17, 2008 by YuAndDan

[EstebanTrabajos 7]

We're about to submit our full AOS package which includes the I-131 advanced parole document. In our case, one of the purposes of travel is that I have a sick relative in England where there is a reasonable chance that she may pass away before my green-card and permanent residence is granted.

Naturally, I would like to go back if/when this happens with permission and since there is no fixed-date for this would I am unsure what to enter in part 3 of the form. In part 2 I checked (d) applying for advanced parole. I'm thinking that I may have to outline my circumstances on a separate sheet of paper in part 7 perhaps.

Anybody else had an I-131 query of this nature? Thanks

Just add an approximate, you don't have to be specific. USCIS wants to know the reason why you want to go (family, vacation, etc...) and aprox. when. Just go ahead and add an approximate date and don't worry about traveling specifically on those dates since your AP will not have other date than the expiration date.

Edited June 17, 2008 by GueraYTavo

[MarkBUK 0]

We're about to submit our full AOS package which includes the I-131 advanced parole document. In our case, one of the purposes of travel is that I have a sick relative in England where there is a reasonable chance that she may pass away before my green-card and permanent residence is granted.

Naturally, I would like to go back if/when this happens with permission and since there is no fixed-date for this would I am unsure what to enter in part 3 of the form. In part 2 I checked (d) applying for advanced parole. I'm thinking that I may have to outline my circumstances on a separate sheet of paper in part 7 perhaps.

Anybody else had an I-131 query of this nature? Thanks

Just add an approximate, you don't have to be specific. USCIS wants to know the reason why you want to go (family, vacation, etc...) and aprox. when. Just go ahead and add an approximate date and don't worry about traveling specifically on those dates since your AP will not have other date than the expiration date.

Thanks for the advice but with respect to an 'approximate date' this would be difficult since the reason I would be going back would be to lend support to my immediate family because of the death of this relative.

For Relative based adjustment of status NO justification needs to be made for AP other than to be able to visit family while AOS is pending.

If you dont have AP at the time that you NEED to travel, schedule an info pass appointment and see about an emergency AP. Don't leave the USA without AP, or you will be abandoning the AOS, and starting the immigrations process over again, this time for a spouse visa.

Also your profile and timeline give no indication as to what visa you entered the USA on.

If K-3 you don't need AP to tavel, K-3 is multi entry.

From form I-131 directions:

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:

1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

http://www.uscis.gov/files/form/I-131instr.pdf

http://www.visajourney.com/timeline/profile.php?id=32451

I entered on a K1 visa with an expiration of July 23rd. We're already married and are about to submit the AOS package.

[Cassie 8]

just put "undetermined" or something of that nature. When you list the reason why you want it, I am sure they will put two and two together and not worry about a specific date

I thought I would be using my AP in May of the year I applied. I ended up using it earlier than I thought, there were no problems.

Edited June 17, 2008 by Cassie

[MarkBUK 0]

just put "undetermined" or something of that nature. When you list the reason why you want it, I am sure they will put two and two together and not worry about a specific date

I thought I would be using my AP in May of the year I applied. I ended up using it earlier than I thought, there were no problems.

Thanks Cassie, I was considering something like that and then elaborating slightly on the 'undetermined' comment on perhaps a separate sheet of paper.

[Cassie 8]

just put "undetermined" or something of that nature. When you list the reason why you want it, I am sure they will put two and two together and not worry about a specific date

I thought I would be using my AP in May of the year I applied. I ended up using it earlier than I thought, there were no problems.

Thanks Cassie, I was considering something like that and then elaborating slightly on the 'undetermined' comment on perhaps a separate sheet of paper.

that's all you need to do, you'll be fine

I prepared a whole list of reasons why I wanted AP, but I ended up using it for a completely different reason. It all works out in the end.