Travelling out of the country while waiting for tarvel permit

[joshuam 0]

I'm About filling the forms next week, But i have a problem. it is that I need to travel to my home country by December for my grand fathers burial, and seems by that time the Travel Permit might not be ready. my question is can i travel and when the permit is sent to us then my wife can mail it to me or is there any other means i can follow to come back to the country.

[Newbie608 103]

I wouldn't leave the country without AP. You never know when it will be approved and your AOS could possibly be denied for abandonment. Did you overstay by any mean? Because that would be a bar for you. You can however, try to expedite your AP but you will need evidence like travel ticket etc...

[Penguin_ie 5,996]

**** Moving from AOS from Work/ Tourist visa forum to Travelling During US Immigration ****

[bigdog 376]

No leaving until you have a travel document AP, you will not get back in the USA. It is your choice but family will understand, send a nice message from both of you to home.

[Sunnyland 639]

Like others said, I would not leave the country without the AP or an emergency AP. I remember that the IO at the Port Of Entry told me (when I came to US) that if I needed to go back to my country for an emergency or something (before they approve my AP) I should go to USCIS office and explain the situation so they could give me a temporary permission (emergency AP) but you can only request it if you already filed for AOS. Otherwise your adjustment of status will be considered abandoned.

If I was you, I would file for AOS As soon as possible and then make an info pass appointment at the USCIS website and there you can tell them when you have to travel (you will have to bring with you all the proof to show them its a real emergency).

https://infopass.uscis.gov/info_lang.php?sel_lang=en

Good luck.

[akihon 129]

For most visa categories, you need advance parole from U.S. Citizenship and Immigration Services (USCIS) to travel internationally if you have applied to become a legal permanent resident (LPR). Failure to obtain advance parole BEFORE departing the U.S. effectively invalidates your LPR application. It is not enough to have applied for advance parole; you must have received approval before you travel. There are three exceptions to the requirement for non-immigrant visa holders to apply for advance parole. Those here in H1B, L and K3/4 status - and their dependents - do not require advance parole to travel after applying to adjust their status. K1/2 visa holders who have married a U.S. citizen must apply for LPR status and advance parole prior to international travel.

While you are adjusting status, you are required to apply for AP if you wish to travel during the process. There is no way around it.

Edited October 19, 2012 by akihon

[Kathryn41 3,205]

Make an infopass appointment at your local USCIS office. Bring with you the proof of your need to travel home for your grandfather's burial. Bring along any copies of paperwork you have showing that you have filed for AOS and AP. Ask them if they can expedite the AP so you will definitely have it by that time. Your circumstances are such that you should qualify for an emergency or expedited AP. You definitely do not want to leave the US without the AP or your green card. To do so would be to abandon your AOS and you would then have to start all over again from the beginning with a CR-1 visa. There is a solution to your problem but you need to work with USCIS to get your solution Good luck.