Advice on re-entry with I-512 Advance Parole?

[Nick Leroy 0]

Hi all,

I'm looking for a little advice regarding re-entry to the USA with the I-512 advance parole / EAD combo card. I'm travelling to the UK shortly, leaving the country for the first time since I got married on a K-1. I've seen a few examples but no actual guidelines on how to use the card and how re-entry works.

Thanks to the USPS, I never received the actual notice letter about the AP that should have come before the card. The case status on the USCIS website did say to follow any instructions carefully, but I have no idea if there were any, or whether there were instruction on how to use the AP.

So I'd like to know if there are any other supporting documents I should take with me to aid re-entry at LAX. I'm thinking of taking a copy of my Marriage Certificate, is there anything else you would recommend?

Thanks in advance!

[Harpa Timsah 13,258]

Just the AP and your passport, unless... How long was it after the 90 days from K-1 that you sent in your AOS application?

[Nick Leroy 0]

It was 260 days I believe.

[Hypnos 6,578]

Then you have a three year bar from the US that will trigger the moment you depart.

If you leave before your green card is issued then you won't be able to return and your green card application will be abandoned.

Edited July 15, 2013 by Hypnos

[Dave&Roza 748]

It was 260 days I believe.

Given this fact, IMHO, I would not leave the US using your AP. You risk not being allowed re-entry and incurring a 3 year bar from the US due to your over-stay from the I-94 expiring and the AOS NOA1 receipt (Once the GC is issued this is forgiven, but until the GC is approved...). The AP cannot over-come this, only the GC can. The AP is sent out, but there is a warning that you can be denied re-entry if you are inadmissible to the US and having more than 180 days of out-of-status time makes you inadmissible. I would wait for the GC before travelling.

Dave

Edited July 15, 2013 by Dave&Roza

[pieroot 43]

My experience was just show them the combo card and passport, they will take you to secondary, and everything was fine. I left the country shortly after I got my combo card, I think all they care about is you married before 90 days, and the card is legit.

[Harpa Timsah 13,258]

OP: because of the gap, you cannot use AP. Sorry - you have to wait for your GC. If you leave now, you will be banned from re-entry.

[hmh33 117]

Well, Matter of Arrabelly was supposed to have changed that:

http://www.murthy.com/2012/07/02/travel-abroad-and-reentry-with-advance-parole-safer/

So OP might be OK to travel. Personally I would not risk it unless there was a very compelling reason to travel and I had consulted with a well-reputed immigration lawyer.

[Hypnos 6,578]

USCIS has yet to issue formal guidance with regards to Matters of Arrabally and Yerrabelly, so should not be relied upon until that happens. You are rolling the dice if you do, and even if you are in the right (you are only inadmissible from overstay for which Arrabally permits you to use AP) your particular CBP officer may not be familiar with that ruling or its application.

Unless your travel involves a life-threatening emergency - and if you are ok with potentially being stuck outside the US for several months should you be denied re-admission - you should not travel on AP with at least 180 days of overstay.

Edited July 16, 2013 by Hypnos

[fgadl 1]

Just the AP and your passport, unless... How long was it after the 90 days from K-1 that you sent in your AOS application?

Hello! My husband and I are planning to visit the Philippines this coming May but I only have my combo card with me. I arrived here in the US April 04,2014 then filed AOS July 31, 2014. My 90 days ended July 02,2014. basically we filed my AOS 29days after the given 90days for K1. Would it be ok for me to visit? would that raise red flags?

[TBoneTX 46,113]

Bring your combo card and a copy of your marriage certificate, and go travel. If you're awaiting news about your AOS and plan to be gone for a while, have someone check your mail at home, in case an interview letter or other correspondence comes in.

*** Old thread is now closed to further comments. ***

Edited March 30, 2015 by TBoneTX