AP

[tachy 0]

Hi everybody:

I think during the time my AOS will be processed I might have to come back to my home country just for a fer days for an academic reason (will have to do a presentation at my old university). I don't know yet when the exact date is.

I understand thad one can get advanced parole for traveling back home but I was wondering if there has to be some type of an emergency to get the travel document or if anybody can get that without an emergent reason? obviousely my reason to travel back home is not exactly emergent, just importat for my carrer. do they even ask for the reason when I apply for AP?

thanks guys

[am1996 0]

I was also curious about the statutory authority that specifies the parameters for AP applications. The statutory authority on this issue seems to be in 8 USC 1255a(B )(3)(A), which states the following:

"The Attorney General shall, in accordance with regulations, permit the alien to return to the United States after such brief and casual trips abroad as reflect an intention on the part of the alien to adjust to lawful permanent resident status under paragraph (1) and after brief temporary trips abroad occasioned by a family obligation involving an occurrence such as the illness or death of a close relative or other family need."

In other words, it appears that "any family need" is sufficient to allow us to qualify for AP. I also took a brief look at the cases and do not see any that would seem to conflict with the information in the above post, so it appears that USCIS has no discretion but to approve AP petitions that demonstrate such "family need" for AP.

I am not an immigration lawyer, so I would definitely like to hear if people's practical experience with AP applications have been different or if they for some reason disagree with this information.

Edited August 23, 2006 by am1996

[Kez/JWolf 6]

You dont have to have a set reason for using or filing for AP.... most use it to just go visit family and friends....

It is only if you are applying for an emergency AP that you need to provide evidence of the emergency...

Kezzie

[am1996 0]

You dont have to have a set reason for using or filing for AP.... most use it to just go visit family and friends....

It is only if you are applying for an emergency AP that you need to provide evidence of the emergency...

Kezzie

The way I read the statute above, "visiting friends" or "traveling" is not a "family need" within the meaning of the statute, so USCIS would have every right to deny any AP application that used that as the reason. Kezzie, would you agree that it is far safer to state a "family need" on an AP application (it goes without saying that the "family need" needs to be accurate and truthful)?

[Kez/JWolf 6]

If you have a family need then put that if not dont lie..... many many people have put "to visit family" and have been approved for AP and used it without any problems....

It is best not to try and interpert the law's as they are written for USCIS unless of course you are a lawyer.... I would go with the information available from here and if need be make an infopass appointment and ask your question to an immigration officer....

Kezzie

[am1996 0]

Agreed...

Edited August 23, 2006 by am1996