Travel with ADVANCE PAROLE, PLEAS HELP ME!!!!

[hl23 0]

Hello!

I really need someones advice..........I'm due to travel home in 3weeks and Im now too scared to travel on Advance Parole after reading some of the stories online......

Im worried because........

I came to the US on a J1 visa in Oct 2007, my Visa ran out Oct 2008 ( maybe Nov, because on J1 you get a travel month).... I got married October 2008 and filed for AOS in DEC. (due to getting money together and doing the medical)

Im now worried that I can be denied at POE because of the time between my visa running out and me filing for AOS. I think there was an "overstay of maybe 6weeks" am I classed as out of status during this time?

I heard that if you were out of status for any period of time you should carefully consider travelling with AP.

I really want to go home, I plan to go home for just 2weeks, but I will not go if it means I will not be allowed back in!

Im rly worried! I dont know what to do! My flight is booked for in 3weeks time!!

PLS advise!

[YuAndDan 153]

The overstay needs to be MORE than 180 days to cause you a problem, your overstay was no more than 60 days, you will NOT have a problem using AP to travel.

[hl23 0]

The overstay needs to be MORE than 180 days to cause you a problem, your overstay was no more than 60 days, you will NOT have a problem using AP to travel.

Thankyou SO MUCH for your quick response.

I have another issue to, if youd be able to help me id be very happy.......

After I got married, I applied for a new passport, in my married name. My old passport had not expired but I wanted my passport to be in my married name and I thought it would be easier with all my immigration papers being in my married name.

Anyways, I am not worried because my expired visa and I94 are in my old passport, I plan to take both passports with me, but do you think this will cause a problem!!?!?

Anyone that can advise me on this, Id be very grateful!

Has anyone travelled in the same situation?

[YuAndDan 153]

The overstay needs to be MORE than 180 days to cause you a problem, your overstay was no more than 60 days, you will NOT have a problem using AP to travel.

Thankyou SO MUCH for your quick response.

I have another issue to, if youd be able to help me id be very happy.......

After I got married, I applied for a new passport, in my married name. My old passport had not expired but I wanted my passport to be in my married name and I thought it would be easier with all my immigration papers being in my married name.

Anyways, I am not worried because my expired visa and I94 are in my old passport, I plan to take both passports with me, but do you think this will cause a problem!!?!?

Anyone that can advise me on this, Id be very grateful!

Has anyone travelled in the same situation?

Nope, that wont cause a problem either.

[hl23 0]

The overstay needs to be MORE than 180 days to cause you a problem, your overstay was no more than 60 days, you will NOT have a problem using AP to travel.

Thankyou SO MUCH for your quick response.

I have another issue to, if youd be able to help me id be very happy.......

After I got married, I applied for a new passport, in my married name. My old passport had not expired but I wanted my passport to be in my married name and I thought it would be easier with all my immigration papers being in my married name.

Anyways, I am not worried because my expired visa and I94 are in my old passport, I plan to take both passports with me, but do you think this will cause a problem!!?!?

Anyone that can advise me on this, Id be very grateful!

Has anyone travelled in the same situation?

Nope, that wont cause a problem either.

Thankyou! Should I still take both passports!??!

I see you have your greencard, did u travel on AP while ur greencard was pending?

[YuAndDan 153]

The overstay needs to be MORE than 180 days to cause you a problem, your overstay was no more than 60 days, you will NOT have a problem using AP to travel.

Thankyou SO MUCH for your quick response.

I have another issue to, if youd be able to help me id be very happy.......

After I got married, I applied for a new passport, in my married name. My old passport had not expired but I wanted my passport to be in my married name and I thought it would be easier with all my immigration papers being in my married name.

Anyways, I am not worried because my expired visa and I94 are in my old passport, I plan to take both passports with me, but do you think this will cause a problem!!?!?

Anyone that can advise me on this, Id be very grateful!

Has anyone travelled in the same situation?

Nope, that wont cause a problem either.

Thankyou! Should I still take both passports!??!

I see you have your greencard, did u travel on AP while ur greencard was pending?

Bring both passports, and no we did not travel or file I-131 for AP while AOS was pending, at the time I-485, I-765, and I-131 were all separate fees, so we just did I-485 for I believe $295, did it before the rates went up July 30, 2007

[hl23 0]

The overstay needs to be MORE than 180 days to cause you a problem, your overstay was no more than 60 days, you will NOT have a problem using AP to travel.

Thankyou SO MUCH for your quick response.

I have another issue to, if youd be able to help me id be very happy.......

After I got married, I applied for a new passport, in my married name. My old passport had not expired but I wanted my passport to be in my married name and I thought it would be easier with all my immigration papers being in my married name.

Anyways, I am not worried because my expired visa and I94 are in my old passport, I plan to take both passports with me, but do you think this will cause a problem!!?!?

Anyone that can advise me on this, Id be very grateful!

Has anyone travelled in the same situation?

Nope, that wont cause a problem either.

Thankyou! Should I still take both passports!??!

I see you have your greencard, did u travel on AP while ur greencard was pending?

Bring both passports, and no we did not travel or file I-131 for AP while AOS was pending, at the time I-485, I-765, and I-131 were all separate fees, so we just did I-485 for I believe $295, did it before the rates went up July 30, 2007

Oh ok thankyou for your help.

Do you think If I travel on my AP it could have problems on my GC process? Im going without my husband.... will this look bad? Im so worried, I wish I wasn't!!

[YuAndDan 153]

Oh ok thankyou for your help.

Do you think If I travel on my AP it could have problems on my GC process? Im going without my husband.... will this look bad? Im so worried, I wish I wasn't!!

This is NOT an issue, the AP is provided so that the prospective immigrant can return home to handle family matters, gather belongings, etc.

It is an interim BENEFIT.

[TBoneTX 45,311]

There is always the chance of a problem at POE. Advance Parole does not guarantee re-entry into the United States. I personally would not want to see ANYONE take a risk if there were the slightest chance of trouble; others' opinions obviously vary.

If you choose to leave the U.S. with the hope of being allowed re-entry, I recommend bringing along the original copy of your I-797C (NOA1) for the AOS that you filed in December. Doing so will enable you to appear "prepared" to discuss the out-of-status period that will already be in CBP's computers.

I also recommend that you have your old & new passports, an official copy of your marriage certificate, and -- because you are traveling without your husband -- something that indicates that you are living at your marital address with your husband (utility bill, checking-account deposit slip, mortgage, etc. in both your names). Such information has been requested at POE, and it is valuable to have it with you even if you do not ultimately need it.

To repeat firmly: Advance Parole does not guarantee re-entry into the United States.

I consider it irresponsible for any VJ member to suggest flatly that "THERE WILL BE NO PROBLEM" with ANY part of the immigration process. What if you relied on cavalier advice and ended up regretting it for the rest of your days?

[TinTin and Samby 11]

There is always the chance of a problem at POE. Advance Parole does not guarantee re-entry into the United States. I personally would not want to see ANYONE take a risk if there were the slightest chance of trouble; others' opinions obviously vary.

If you choose to leave the U.S. with the hope of being allowed re-entry, I recommend bringing along the original copy of your I-797C (NOA1) for the AOS that you filed in December. Doing so will enable you to appear "prepared" to discuss the out-of-status period that will already be in CBP's computers.

I also recommend that you have your old & new passports, an official copy of your marriage certificate, and -- because you are traveling without your husband -- something that indicates that you are living at your marital address with your husband (utility bill, checking-account deposit slip, mortgage, etc. in both your names). Such information has been requested at POE, and it is valuable to have it with you even if you do not ultimately need it.

To repeat firmly: Advance Parole does not guarantee re-entry into the United States.

I consider it irresponsible for any VJ member to suggest flatly that "THERE WILL BE NO PROBLEM" with ANY part of the immigration process. What if you relied on cavalier advice and ended up regretting it for the rest of your days?

Have to agree with TBoneTX's comment in bold above. THere are just too many variables and ambiguity and subjective decisions that are made by USCIS to imply things are so black and white.