is F-1 student able to travel with AP?

[panpan 0]

After you file AOS, I don't know if you have a F-1 status, but I am sure you can stay school till you finish even if your AOS is then denied.

But now, if a AOS pending with AP, and you are still a full time F-1 student, can you use AP to travel out of US? IF you use it, does it mean your F-1 status is gone, and if you get denied on AOS, you can not go back to school ?

[Bobby+Umit 161]

If your F-1 is still valid, and it allows you to travel, you do not need the AP.

Use of the AP would not invalidate your F-1 visa.

[panpan 0]

I only have a F-1 status, becasue I was a L-2 came to US when I was 16, then went to college and changed to F-1 here in US, which means I don't have that visa stamp on my passport.

If your F-1 is still valid, and it allows you to travel, you do not need the AP.

Use of the AP would not invalidate your F-1 visa.

[Bobby+Umit 161]

I only have a F-1 status, becasue I was a L-2 came to US when I was 16, then went to college and changed to F-1 here in US, which means I don't have that visa stamp on my passport.

If your F-1 is still valid, and it allows you to travel, you do not need the AP.

Use of the AP would not invalidate your F-1 visa.

Then you probably need the AP to travel. JerIII would have a better answer (student visa wise).

[panpan 0]

Please JerIII, help me on this.

I am on F-1 status right now, and will be done with school in December. I am sending out my AOS package next month, so AP may come in in Aug, then I want to use it to go see my parents. Anyone used AP to get back while still on F-1 / AOS pending?

I only have a F-1 status, becasue I was a L-2 came to US when I was 16, then went to college and changed to F-1 here in US, which means I don't have that visa stamp on my passport.

If your F-1 is still valid, and it allows you to travel, you do not need the AP.

Use of the AP would not invalidate your F-1 visa.

Then you probably need the AP to travel. JerIII would have a better answer (student visa wise).

[JERIII 8]

Please JerIII, help me on this.

I am on F-1 status right now, and will be done with school in December. I am sending out my AOS package next month, so AP may come in in Aug, then I want to use it to go see my parents. Anyone used AP to get back while still on F-1 / AOS pending?

I only have a F-1 status, becasue I was a L-2 came to US when I was 16, then went to college and changed to F-1 here in US, which means I don't have that visa stamp on my passport.

If your F-1 is still valid, and it allows you to travel, you do not need the AP.

Use of the AP would not invalidate your F-1 visa.

Then you probably need the AP to travel. JerIII would have a better answer (student visa wise).

Sorry, I don't really know for sure.

I can tell you that the question of whether an F-1 status holder loses that status when he applies for AOS is one which is regularly debated. There doesn't seem to be any clear law on the issue. Practically, it seems like F-1 holders can just continue their studies and no one worries about it.

However ---

leaving the country is a different matter. You obviously can't use your F-1 visa to get back in, since you don't have one. If you file for AOS and get an AP, you will enter the country as a parolee. At that point, your University will have to reregister you with SEVIS, because you have to be reregistered any time you enter the country, and I have a feeling they won't be able to do so.

I see that you have not yet filed for AOS. I would suggest that you go see the SEVIS person at your University and ask them about this. Tell them you are THINKING about doing AOS, and ask them what impact this will have on your student status, and ask them about advanced parole. Do not tell them after you have filed, some Universities seem to think they are required to report this.

Unless you can get clearer information, I would suggest that you not go home until you have finished your studies in December.

(Another thing, if you send out the package next month (July) it is very likely that your AP will NOT come in August. They usually take more than a month.)

I assumed that your AOS is marriage-based. Is it?

[panpan 0]

yes, it is.

Please JerIII, help me on this.

I am on F-1 status right now, and will be done with school in December. I am sending out my AOS package next month, so AP may come in in Aug, then I want to use it to go see my parents. Anyone used AP to get back while still on F-1 / AOS pending?

I only have a F-1 status, becasue I was a L-2 came to US when I was 16, then went to college and changed to F-1 here in US, which means I don't have that visa stamp on my passport.

If your F-1 is still valid, and it allows you to travel, you do not need the AP.

Use of the AP would not invalidate your F-1 visa.

Then you probably need the AP to travel. JerIII would have a better answer (student visa wise).

Sorry, I don't really know for sure.

I can tell you that the question of whether an F-1 status holder loses that status when he applies for AOS is one which is regularly debated. There doesn't seem to be any clear law on the issue. Practically, it seems like F-1 holders can just continue their studies and no one worries about it.

However ---

leaving the country is a different matter. You obviously can't use your F-1 visa to get back in, since you don't have one. If you file for AOS and get an AP, you will enter the country as a parolee. At that point, your University will have to reregister you with SEVIS, because you have to be reregistered any time you enter the country, and I have a feeling they won't be able to do so.

I see that you have not yet filed for AOS. I would suggest that you go see the SEVIS person at your University and ask them about this. Tell them you are THINKING about doing AOS, and ask them what impact this will have on your student status, and ask them about advanced parole. Do not tell them after you have filed, some Universities seem to think they are required to report this.

Unless you can get clearer information, I would suggest that you not go home until you have finished your studies in December.

(Another thing, if you send out the package next month (July) it is very likely that your AP will NOT come in August. They usually take more than a month.)

I assumed that your AOS is marriage-based. Is it?

[YuAndDan 153]

If your F-1 is still valid, and it allows you to travel, you do not need the AP.

Use of the AP would not invalidate your F-1 visa.

WRONG!

If an F-1 ia adjusting status, and they travel without AP, this WILL get AOS canceled.

This has come up before, you may want to read form I-131 instructions. I have read of one who did travel on F-1 without AP and the AOS got denied, they are now doing a SPOUSAL visa.

SEE: http://www.visajourney.com/forums/index.ph...=165251&hl=

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.

F-1 is NOT in list A..

{edit} fixed broken link.

Edited June 19, 2009 by YuAndDan

[Bobby+Umit 161]

If your F-1 is still valid, and it allows you to travel, you do not need the AP.

Use of the AP would not invalidate your F-1 visa.

WRONG!

If an F-1 ia adjusting status, and they travel without AP, this WILL get AOS canceled.

This has come up before, you may want to read form I-131 instructions. I have read of one who did travel on F-1 without AP and the AOS got denied, they are now doing a SPOUSAL visa.

SEE: http://www.visajourney.com/forums/index.ph...=165251&hl=

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.

F-1 is NOT in list A..

Point taken - I should of researched that more carefully.

But I did say "If your F-1 is still valid, and it allows you to travel" because I wasn't sure. I will not do that again.

Thanks

Edited June 19, 2009 by Bobby_Umit