Advanced Parole

[M613 6]

Hi there!

Am about to send my AOS package and wanted to know re: the Advance Parole form: is it necessary for me to have that for a weeklong visit back home? We're looking at doing a Texas-to-Canada roadtrip in September. I looked at the AP instruction page via UCIS, and it states that if you meet two requirements: submitting your 1-485 AND if you're a kid and/or spouse of a US citizen, you don't need it. It also looks to me that an AP is used as an "extraordinary" measure to gain entry into the US... It's all here (instruction PDF-look to the right re: what I was referencing):

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Like I said, the AOS is on its way out the door, but I thought I should make sure with the pros here if I need it or not before sending out my AOS and EAD stuff out.

Thank you so much!

xM

[payxibka 10,047]

Hi there!

Am about to send my AOS package and wanted to know re: the Advance Parole form: is it necessary for me to have that for a weeklong visit back home? We're looking at doing a Texas-to-Canada roadtrip in September. I looked at the AP instruction page via UCIS, and it states that if you meet two requirements: submitting your 1-485 AND if you're a kid and/or spouse of a US citizen, you don't need it. It also looks to me that an AP is used as an "extraordinary" measure to gain entry into the US... It's all here (instruction PDF-look to the right re: what I was referencing):

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Like I said, the AOS is on its way out the door, but I thought I should make sure with the pros here if I need it or not before sending out my AOS and EAD stuff out.

Thank you so much!

xM

If you wish to preserve your K-1 status that the I-485 submission is based on, as well as not be denied entry at the border, it is an absolute requirement. Leaving the country is leaving the country... A trip to Canada is considered leaving the country.

Edited June 27, 2010 by payxibka

[Nich-Nick 3,354]

AP is for any kind of travel outside the US while you wait on the green card, not just extraordinary cases. Your K1 visa will not get you back across the border. A K3 visa would. You don't have to pay any extra to apply for AP. Just fill out the forms and submit it with your AOS/EAD package. There are some photos, I-94, etc to send with it, so read it's required documentation in the instructions. You should get it within 60 days.

[M613 6]

I thought it being necessary might be the case-it was the dramatic UCIS wording that threw me off

That said, I'll do the do and get have it be sent with/a part of my AOS stuff.

Thanks so much!

[JimVaPhuong 4,863]

I thought it being necessary might be the case-it was the dramatic UCIS wording that threw me off

That said, I'll do the do and get have it be sent with/a part of my AOS stuff.

Thanks so much!

You misread the instructions. They say you don't need AP if you are the K3 spouse or K4 child of a US citizen, and you have an I-485 pending. K3 and K4 are multiple entry visas. K1 is single entry. If you leave the US without AP or a green card then you can't return without a new visa. If you leave without AP while the AOS petition is pending, then the AOS petition is considered abandoned.

[VanessaTony 3,567]

As the AP document fee is waived if filed with, or while the AOS is processing, it can't hurt to send it as well. You DEFINITELY need it if you plan to leave the country before you have your greencard. Leaving the country without an AP document, while AOS is processing, cancels your AOS application. You may be permitted entry into the US without an AP document, but it will be for the SOLE purpose of putting you before an immigration judge who will determine whether your reason for leaving was so urgent that you could not possibly be able to get an AP before leaving (bearing in mind being able to APPLY for FREE with the AOS application pretty much overrides that unless you leave soon after filing).

Anyway, apply for one. The AOS thread in my signature has a list of documents needed for AP.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to " Working & Traveling During US Immigration" as this is relating to travelling prior to getting your GC**

[M613 6]

Definitely getting it printed and done today-thank you SO MUCH for your usual awesomeness on here! Words alone can't describe how much I truly have gotten out of everyone's well meaning-and well informed-input!

xoM