Who here has experience using Advance Parole?

[MochiKamo 93]

I know many here file for Advance Parole while filing the I-485.

I am curious about the experiences of those who actually used the advance parole document.

So I was was wondering, how was the re-entry process? Did you have to go to a secondary area? What documents did you present besides the advance parole document? (AOS NOA, marriage certificate, etc)

Did you have a period of unlawful stay in between the I-94 expiration and AOS filing (assuming less than 180 days)? If so, did that come up?

I'd appreciate anyone sharing their advance parole related experience. Thanks!

[Enigma11561 336]

My wife used the AP. At JFK she showed this document and her passport. That was it. No questions. And it was long after her I-94 expired and long before she had her AOS interview.

[pot121 1]

My wife used the AP. At JFK she showed this document and her passport. That was it. No questions. And it was long after her I-94 expired and long before she had her AOS interview.

Did you fly domestic or international?

[Enigma11561 336]

AP is for international travel. Not domestic. It allows you to leave and re-enter the country.

[Little_My 464]

I used mine in July and August. In July I came back for our AOS interview using my AP (through JFK) and had no issues. Didn't have to show any other documents at POE. My AP and passport are both under my maiden name as I didn't change mine after marriage, so if your AP happens to be under a different name than passport, bringing a copy of the marriage certificate is a good idea.

I left the US immediately after our AOS interview, in which we did not get an approval on the spot. GC was issued while I was away, and I re-entered using the AP again in August through JFK- and again without any problems. I had to be paroled back in because I did not have the physical greencard on me, even though it was issued while I was gone, but this was not an issue at all. Didn't have any overstay.

[MochiKamo 93]

Thank you Enigma11561 and Little_My for your responses.

Little_My, I find your experience especially interesting since you left after the AOS interview. Often it's said here that the AP becomes obsolete after the GC is issued and so a I-1551 stamp is needed in case a trip is planned before the GC is acquired. So it's great to hear that yo had no issues using AP even though the GC was already issued by the time you came back (but not in your possession).

[bcrose24 0]

I noticed alot of people saying AP is obsolete after your GC as well. Maybe it used to be, however, when I had my interview in Sept., I was planning to go to Canada a week after and the officer who interviewed me said I would be fine using my AP if my card wasn't received yet.

[Enigma11561 336]

I noticed alot of people saying AP is obsolete after your GC as well. Maybe it used to be, however, when I had my interview in Sept., I was planning to go to Canada a week after and the officer who interviewed me said I would be fine using my AP if my card wasn't received yet.

Once you have your GC, you no longer need the AP.

[Little_My 464]

True, once you have GC, AP is not needed anymore, but the issue here is a situation where GC is issued while the beneficiary is abroad and can therefor not get the GC to re-enter the US. This was my case, for example. I left immediately after my interview (the next day), and my GC was issued a day after that. It arrived when I was abroad, so I used my AP when re-entering the country. The CBP officer could see from his computer that I had been issued a GC, but they cannot admit a person as a permanent resident unless that person has the physical real greencard with them. Therefor, I was paroled back into the US with my AP, and I was also told that this is not an issue in anyway as long as I travel internationally within one year of that entry and then use my GC to re-enter, so that my status in their system changes to "admitted as permanent resident". Had I not traveled within a year of my AP entry, they told me I should come to POE with my GC, go to deferred inspection and have them change my status in their system to permanent resident.

Also, just to inform those who might be in a similar situation, the IO at JFK told me that this happens very often and that sometimes they can see that a GC was issued to someone who didn't know that themselves yet, and gets the happy news at POE. Being admitted with AP after a GC is issued seems to be pretty common, so it's really not that big of a deal. Of course once a person has the physical GC, he/she must use that to enter the US, and the AP becomes invalid.

[kingstonjamaica 3]

Please not that the AP works only for those with a K-1 Visa and not for other visa where the I-94 and or visa has been expired.

If you're adjusting status and you're on anything other than a K-1 Visa it is not advisable that you travel.

[Little_My 464]

That's not really correct - though I am not quite sure if I understood your post correctly. But anyone with a valid AP and no overstay is free to travel with that AP with a pending AOS. Obviously the person would have to make sure to be in the US for biometrics and AOS interview, but AP is just as valid for people who AOS from a non-immigrant visa within the US as it is for people who AOS from a K-1 - as long as there is no overstay prior to filing the AOS. If the I-94 expires during the AOS, but after USCIS has received the paperwork, it does not result in overstay as the person adjusting his/her status is in a new period of authorized stay while the AOS is pending.

[VanessaTony 3,567]

Please not that the AP works only for those with a K-1 Visa and not for other visa where the I-94 and or visa has been expired.

If you're adjusting status and you're on anything other than a K-1 Visa it is not advisable that you travel.

I'm sorry but you're wrong. Doesn't matter what visa you came in on. What DOES matter is how much overstay you have.

[TBoneTX 45,088]

A recent post and a reply to it have been split from this old thread, which is now closed to further comments. The new material can be found in the "Working & Traveling" forum, with this thread title: "OK to Use AP, Considering 3-Year Overstay? [split topic]."

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