AP - waiver of inadmissibility?

[valera 1]

My wife's AOS application is pending and she wants to travel to russia to take care of some things. So I was reading the instructions for filing for AP and saw this passage:

Therefore, if you apply for adjustment of status after you return to the United States, resume an adjustment application that was pending before you left, or return to a status that requires you to establish that you are not inadmissible, you will need to apply for and receive a waiver of inadmissibility before your adjustment application may be approved or your status continued.

So everyone using AP while AOS is pending has to apply for this waiver or did I misunderstand something? Does the AOS process halt/pause while the person is traveling?

[KGSodie 0]

I think the tricky part here is how she'll get back into the US upon her return. Without an AP document, her K-1 (being already stamped and executed) won't do the job. This is what the AP is for - permission to re-enter the US while the AOS is pending.

[valera 1]

I think the tricky part here is how she'll get back into the US upon her return. Without an AP document, her K-1 (being already stamped and executed) won't do the job. This is what the AP is for - permission to re-enter the US while the AOS is pending.

Nah, I know she needs AP to get back to US. I was wondering whether after getting back to US via the AP she'll need to file this waiver to resume the AOS process or if this is regarding something else and her AOS doesn't pause while she's traveling.

[loopie-lu 0]

My wife's AOS application is pending and she wants to travel to russia to take care of some things. So I was reading the instructions for filing for AP and saw this passage:

Therefore, if you apply for adjustment of status after you return to the United States, resume an adjustment application that was pending before you left, or return to a status that requires you to establish that you are not inadmissible, you will need to apply for and receive a waiver of inadmissibility before your adjustment application may be approved or your status continued.

So everyone using AP while AOS is pending has to apply for this waiver or did I misunderstand something? Does the AOS process halt/pause while the person is traveling?

Your wife must apply for the Advance Parole before she leaves for Russian. Also, she should make sure she has taken her fingerprints before leaving, otherwise she may not get the AP.

[Nanusia & Lukaszek 0]

Nah, I know she needs AP to get back to US. I was wondering whether after getting back to US via the AP she'll need to file this waiver to resume the AOS process or if this is regarding something else and her AOS doesn't pause while she's traveling.

AOS does not pause while she is traveling, and she does not need to file a waiver when she returns.

She simply needs to have the AP in hand with her BEFORE she travels, and make sure to be back before the interview (if she has one).

[valera 1]

Nah, I know she needs AP to get back to US. I was wondering whether after getting back to US via the AP she'll need to file this waiver to resume the AOS process or if this is regarding something else and her AOS doesn't pause while she's traveling.

AOS does not pause while she is traveling, and she does not need to file a waiver when she returns.

She simply needs to have the AP in hand with her BEFORE she travels, and make sure to be back before the interview (if she has one).

This is great, thanks a lot for your answer!