Leaving before I-131

[ydrizzi 0]

Hi everyone,

I am currently filling out the form for Advance Parole. I managed to get ahold of someone at USCIS to ask a few questions but now I have conflicting information.

The gentleman I spoke to said that my husband could depart the U.S. without his Advance Parole in hand BUT could not return without it. We are in a time crunch and are considering having it sent to New Zealand, where my husband will be, thus giving us some extra time to receive approval. I didn't realize this was an option until I read it on the application; I called USCIS for the sole purpose of clarifying this. I made him repeat it THREE times, phrased in different ways, just to be sure. But he kept repeating that as long as my husband had completed his biometics, there would be no problem with my husband leaving the U.S. and picking up his AP at the Embassy in New Zealand.

Ten minutes ago, however, I reread the application instructions and saw this:

If you depart from the United States before the Advance Parole Document is issued, your application will be considered abandoned.

Someone please help! I am at a loss here.

[Harpa Timsah 13,258]

The person you spoke to was wrong. The "misinformation line" strikes again. The people you call are not USCIS workers and are full of it. It is a problem.

If you leave before the AP is approved and in your hand your AOS will be considered abandoned an you will lose your fee and your husband will be stuck outside the US.

The wording on the application is correct.

I think the person on the phone was confusing AP with a reentry permit, fwiw.

Edited September 25, 2013 by Harpa Timsah

[ydrizzi 0]

This is what I was afraid of.

Do you know why the application has the option to have the AP sent overseas?? I dont understand that.

[ryna 132]

This is what I was afraid of.

Do you know why the application has the option to have the AP sent overseas?? I dont understand that.

I can't think of anything specific offhand, but there are more reasons for AP than just waiting on AOS from K-1 and, perhaps, one of them could involve picking it up at the embassy. In the AOS specific case, leaving the U.S. without it is an abandonment of the Adjustment process...

Edited September 26, 2013 by ryna

[NigeriaorBust 4,087]

There might be a possibility that the person is adjusting from a foreign stationed spouse and US military bases are probably considered "inside" the US even wit ha foreign address. However if his departure record shows him leaving BEFORE AP is approved even if they let him back in erroneously his adjustment of status will be denied.

[newacct 688]

There is such a thing as Advance Parole for people outside the U.S. See I-131 instructions, Who May File, part 4 (on page 6). However, this is not for people doing AOS. It's for other humanitarian reasons.

[Pitaya 2,577]

To avoid problems at re-entry to the US, read and heed the bolded statement you identified in your initial posting.

[hmh33 117]

The reason why the I-131 form mentions the option to receive the document overseas is that the I-131 is used for several purposes, not all of which are advance parole. e.g. reentry permit or refugee travel document. Those may be received overseas.