What is the document to be able to travel while Adjusting your Status?

[Amy-Rose 0]

I have the form at home, though I forget the title. I am adjusting my status from a tourist to a permanent resident as I married an American. I was hoping to visit my family though in August, as it'll be 1 years since I last saw them. What I really want to know is, is can I still be denied entry to the US, even if I fill out the form and get approved? I'm pretty sure I read somewhere that even with all the right forms and such, the people at the border don't have to let you back in. I'm just wanting to visit them for 2 weeks, though I'm not jeopardizing my status/progress.

If you think I should just stay put until I can legally leave the country without permission, how long does that usually take? I just want to give my family an estimate of when I can visit them with no question.

Last thing, if someone in my family were to die all of a sudden, can I or can I not go up for the funeral? Couldn't I get a death certificate and bring it to the US Embassy, or would it not matter.

In the long run, I just want to be safe and not risking deportation. Thanks everyone for your help! It is greatly appreciated.

[YuAndDan 153]

Advance Parole (AP) This is applied for by filing an I-131 along with the rest of the AOS package, fee is waived as part of paying I-485 fee.

Must have it in hand before traveling.

Moving this to Work/travel during immigrations forum...

[Inky 1,111]

People with overstays that equal to a ban are usually advised against using AP, because its possible they might not get back in.

[YuAndDan 153]

People with overstays that equal to a ban are usually advised against using AP, because its possible they might not get back in.

Very good point, if overstayed more than 6 months past the allowed time based on visa, then DO NOT attempt to use AP to travel, you WILL be blocked from entry even with AP doc.

Wait for Green-Card.

[Amy-Rose 0]

Thanks for the answers so far. Can someone please answer the rest of the questions though? Thanks

[YuAndDan 153]

Thanks for the answers so far. Can someone please answer the rest of the questions though? Thanks

AOS can take as short as 4 months to process, but also can take longer depending on how busy the field office is. You WILL be interviewed, so this will depend on back-log at field office.

Even in a family emergency situation, if you leave the USA without AP, or in the case of an overstay, you will be abandoning the AOS process and starting over with a spouse visa petition, and probably WILL have to file a waiver for the overstay inadmissibility.

[Harpa Timsah 13,258]

If you have already overstayed by 180 days or more, then AP is useless. It says right on the document that you cannot use it if you have stayed 180 days or more, even though they approve you for it (too much effort to check your status, I guess).

Even in the case of an emergency, upon leaving the country, your ban would be automatically triggered, thus needing a waiver to get back in.

I am not sure if you overstayed at all, but you said you haven't seen your parents for a year... so maybe you have been in the US a year?

The time to get a GC has been taking only 3-4 months for concurrent filers, so if you file now you should be fine for a trip by August. Once you get the GC, you can travel normally, and any overstay and penalties are erased, because you are a Permanent Resident. Good luck and file soon!