Advance Parole

[Black Velvet 4]

My husband's EAD was approved today. Hopefully, he will get the AP/EAD combo. At any rate, he is a Bahamian citizen. Therefore, he does not need a visa to enter the US. The stipulation is that he must enter from Freeport or Nassau, Bahamas (US Customs & Border Patrol) site. Once he receives the Advance Parole card, will he have any trouble reentering the US. Has anyone had any experience in the Bahamas? Should we wait for his green card before planning any travel outside the US?

[HeatDeath 430]

An AP doc (whether combined on the EAD card or the separate paper documents) should be sufficient (along with his Bahamanian passport) for him to re-enter the US from any foreign country. He should not have to wait for his GC to travel.

[Black Velvet 4]

Thanks for responding. I got this information from the USCIS site.

If you have been admitted as a nonimmigrant and have applied to extend the period of authorized nonimmigrant stay, or have applied to change to a different nonimmigrant status, you will automatically abandon the application if you leave the United States before USCIS makes a decision on the advance parole application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, you are likely to be denied admission if your current status has expired.

For the reasons stated above, it is important that you obtain the proper documentation before leaving the United States. Also, you should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, you are still subject to immigration inspection or examination at a port of entry to determine whether you are admissible into the country and whether you are eligible for the immigration status sought.

[VanessaTony 3,567]

Thanks for responding. I got this information from the USCIS site.

If you have been admitted as a nonimmigrant and have applied to extend the period of authorized nonimmigrant stay, or have applied to change to a different nonimmigrant status, you will automatically abandon the application if you leave the United States before USCIS makes a decision on the advance parole application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, you are likely to be denied admission if your current status has expired. (this part is the "if your AOS has been denied" part)

For the reasons stated above, it is important that you obtain the proper documentation before leaving the United States. Also, you should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, you are still subject to immigration inspection or examination at a port of entry to determine whether you are admissible into the country and whether you are eligible for the immigration status sought.(this is the ban part)

Yes that's correct. If the immigrant has a period of overstay sufficient for a ban he'll still get the ban if he leaves with the AP and be "locked out" of the US till he applies for another visa (USCIS will still approve AP even if you'll get a ban on leaving so it's important YOU know if he's accumulated enough "ban time"). If his AOS is denied while he's out of the country his AP is voided and again, he'll need another visa to enter the US. Usually with the AOS denial if he entered on a K1 or what not he should be paroled entry for the purposes of appeal. If he entered on the VWP and AOS'd from that he isn't given the right to appeal so he's unlikely to be paroled entry.

I know you said his home country doesn't require a visa but since he applied for AOS he is an "immigrant risk" and it's unlikely they'll let him back in without a spousal visa.

Some people take AP lightly but it's supposed to be for emergencies. The trouble you can get into if your AOS is denied just isn't worth it unless you NEED to leave the country. I know I felt MUCH safer leaving the country with my GC and even then I felt a little odd after waiting waiting waiting for so long.

[Black Velvet 4]

Thanks for the advice. I guess my hubby needs to stay put until the green card arrives.

[VanessaTony 3,567]

Thanks for the advice. I guess my hubby needs to stay put until the green card arrives.

Out of interest what visa is your hubby AOSing from and has he overstayed his I-94? And if overstayed, do you know when his I-94 expired?

[Black Velvet 4]

Out of interest what visa is your hubby AOSing from and has he overstayed his I-94? And if overstayed, do you know when his I-94 expired?

My husband is here legally. Bahamian citizens can travel with passport and police record (less than 6 months old). His I-94 will expire in a few weeks.