Traveling for Holidays While Waiting for Green Card

[kaussie 0]

Hi,

I am an E-3 visa holder (Australia) and the visa is valid through March 2012. I recently filed for my Green card with my husband (married in the US in 2010) and I received my biometrics appointment and receipt for December 2011. We need to fly home at the end of December for Christmas, and I wanted to check if anyone knows of whether travel is an issue while waiting for an interview appointment. I'm not worried about missing my interview - more worried about traveling while paperwork is in process (but my current visa is valid.) Anyone know if this is a big problem?

[Penguin_ie 5,994]

***** Moving from DCF to Travelling and Working during US Immigration *****

[ceadsearc 516]

An E-3 visa is not technically a dual intent visa. That means that you cannot use it to enter the country with the intent to adjust status, which is what you would be doing if you left and tried to use it to re-enter with a pending AOS. You need to have your Advanced Parole approved before you can travel.

[kaussie 0]

An E-3 visa is not technically a dual intent visa. That means that you cannot use it to enter the country with the intent to adjust status, which is what you would be doing if you left and tried to use it to re-enter with a pending AOS. You need to have your Advanced Parole approved before you can travel.

I noticed above it looks like it took a month to get your AP. A laywer told me it takes 60-90 days - would you agree?

[ceadsearc 516]

I noticed above it looks like it took a month to get your AP. A laywer told me it takes 60-90 days - would you agree?

Our AP was approved about 2.5 months after we filed, but about 2 months after the NOA1. We filed at the beginning of August but didn't receive the paper NOA1 until several weeks later. We were not signed up for texts or emails at the time so I'm not sure exactly when they received it. We did receive an RFE for it so it may have been quicker otherwise.

AP does typically take 60-90 days. If you file for an EAD at the same time, it tends to be on the longer end because they now issue a combo card (not the case when we applied) and the EAD requires biometrics and takes a bit longer.

If you already filed for AOS you can apply for free for AP. AP itself does not require biometrics. Once you receive your NOA you can make an Infopass appointment and request to have it expedited. Chances are it won't be granted, because they usually only do that with proof of emergency but occasionally an IO will grant it anyway. If you're trying to travel at Christmas, though, you're cutting it close anyhow because just the NOA can take several weeks.

You aren't out of status now so you do have the option to leave and stay in your country, but it's not ideal because you would be abandoning your AOS, losing that money, and need to file and wait for a CR-1 (7-9 months) before you can return.

Edited November 29, 2011 by ceadsearc