Travel abroad on AP with pending I130 & AOS

[tumbles 0]

My parents entered the US on B2 visas in May and then in August after spending wonderful time with their baby granddaughter, they decided to file concurrent I130 + I485 + I131 for their LPR. Their advance parole was approved but I130 + I485 are still pending. They now need to travel back home at the end of this month for medical reasons.

1. They have been in the US for a little more than 180 days. My understanding is that they are still considered 'in status' because we had filed for AOS before their I94 expired. I am wondering if they could still run into re-entry issues even with AP since they stayed past the I94 date. I also read that those who overstayed their visas and then travel on AP could have their AOS application rejected. Are they considered to have 'overstayed' in that context?

2. Could they be denied entry because they had adjusted from B2? I read some warnings that the IO at POE can decide that my parents had immigration intent and not let them in. Do they technically re-enter with their B2 if they are on AP and waiting on AOS?

Does anyone have any experience traveling on AP while I130 and AOS from B2 are pending? Thanks much for any help.

[fredo1 0]

from my point of view.their AP is good within 180 days.AP granted after 180 day could trigger ban or issues at POE.Others with similar should comment.

[Dave&Roza 748]

My parents entered the US on B2 visas in May and then in August after spending wonderful time with their baby granddaughter, they decided to file concurrent I130 + I485 + I131 for their LPR. Their advance parole was approved but I130 + I485 are still pending. They now need to travel back home at the end of this month for medical reasons.

1. They have been in the US for a little more than 180 days. My understanding is that they are still considered 'in status' because we had filed for AOS before their I94 expired. I am wondering if they could still run into re-entry issues even with AP since they stayed past the I94 date. I also read that those who overstayed their visas and then travel on AP could have their AOS application rejected. Are they considered to have 'overstayed' in that context?

2. Could they be denied entry because they had adjusted from B2? I read some warnings that the IO at POE can decide that my parents had immigration intent and not let them in. Do they technically re-enter with their B2 if they are on AP and waiting on AOS?

Does anyone have any experience traveling on AP while I130 and AOS from B2 are pending? Thanks much for any help.

Not to scare you but the only people the CBP people HAVE to allow into the US are USC. LPR, visa holders, people with AP are allowed in if they do not have anything that makes the CBP person think they are using their documentation for a purpose other than its intent.

AP is for those that have a pending applicaton to become a LPR to leave and RE-ENTER the US. They have no out-of-status days as they filed for AOS before the I-94 expired. The only reason they would be denied re-entry is if their AOS was denied while they are out of the US--what is the possibility of that? The only issue I see would be the I-94 and someone wanting to take that from them when they leave the US and then noticing that it is expired. I would make a copy of the I-94 front and back and a copy of the NOA1 for the AOS. Keep the I-94 copy at home and have your parents take the NOA1 with them.

They will be fine.

Have a nice trip,

Dave

[Harpa Timsah 13,258]

They can use AP. No voodoo.

Edited November 9, 2012 by Harpa Timsah

[tumbles 0]

Thanks all for your insights and reassurances. I pray it will go well. I will update this thread with our experiences afterwards. Hopefully it will be a positive one.

[parentsgc 0]

Thanks all for your insights and reassurances. I pray it will go well. I will update this thread with our experiences afterwards. Hopefully it will be a positive one.

Did your parents travel. My parents are also planning to travel. Please update your experience.

[tumbles 0]

I'm happy to report that everything went smoothly. Our POE was Chicago O'Hare. Instead of the USC lane, I went to the visitor's side with my parents who were both traveling on AP. The line was surprisingly short with only 7-8 people in front of us. When it was almost our turn, an officer who was managing the queues saw my parents' AP papers and directed us to a certain booth. We approached the inspector and handed him my US passport, my parents' passports and both pairs of their AP papers. He curtly told us he doesn't have the type of stamp we need and to go to another officer. I told him we were specifically told to go to him. He said "oh alright" and quickly whipped out a stamp for my passport. He asked my parents what their status was when they applied for AOS. I told him they were on visitor's visa. He asked what my relationship is to them and I said I'm their daughter. He then handed back my passport and told us to follow him.

As expected, he brought us to another room and told us to wait. Around 6 or so others were waiting in the room ahead of us. It only took about 15 minutes before another officer called my mom's name. He gave us back both passports and only one of their AP papers with a stamp. He told us we could go. At the exit of the room, an officer inspected our paperwork and allowed us to leave. We then proceeded to the luggage claim and through customs without any incident.