Advance Parole to travel on a cruise?

[PreciousMJ 2]

Hi there!

I entered US on a K1 visa on April 9, 2014 and got married in June. I applied AOS this month and I have a schedule on Aug 13 for biometrics.

My husband and I are going on a cruise in April 2015. I know that green card may take up to a year to receive it.

My question is, can I apply for an Advance Parole to travel before going on a cruise? The destination of the cruise is Mexico and Florida.

Thanks for your advice!

[abby12 13]

I don't know much about the timeline for AOS, but what I do know is that the AP is not for vacations,

USCIS will only grant advance parole if your travel abroad will be for educational, employment, or humanitarian purposes. You must indicate the purpose on the Form I-131 as described below:

• Educational purposes, such as semester abroad programs or academic research;
• Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients; or
• Humanitarian purposes, such as travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

Travel for vacation is not a valid purpose.

http://www.uscis.gov/i-131

...good luck.

Edited July 29, 2014 by abby12

[kitthekat 1,317]

yes, AP is the document you'll need if you want to leave the country. refer to the example form on VJ when filling it out -- http://www.visajourney.com/examples/INS-Form-I-131.pdf

if i understand you correctly, you did not apply for AP at the same time as your I-485 application? if you include the NOA1 from the I-485, the fees for AP will be waived. be sure that you wait till you have it in your hand before leaving the country (just applying is not enough).

not relevant to your initial question, but if you want to be able to work before receiving your green card, you can send in the forms for EAD (I-765) together with AP. the fees will also be waived if filed in conjunction with your I-485 application.

I don't know much about the timeline for AOS, but what I do know is that the AP is not for vacations,

USCIS will only grant advance parole if your travel abroad will be for educational, employment, or humanitarian purposes. You must indicate the purpose on the Form I-131 as described below:

• Educational purposes, such as semester abroad programs or academic research;
• Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients; or
• Humanitarian purposes, such as travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

Travel for vacation is not a valid purpose.

http://www.uscis.gov/i-131

...good luck.

the section you quoted is only relevant for people applying under DACA. many people have successfully used AP to travel on vacation with no issues.

[abby12 13]

Thank you! good to know.

[abby12 13]

I read in a post here somewhere that someone who traveled to mexico on AP had a bad time when she returned.... I am reading everything again, in the form there is a part where I have to write the intended date of travel and expected length of the trip, which in my case I wouldn't know, personally I want the AP because health issues of my mother so i do not have a date....and what should I mark on the form, since I will be applying for AOS (k1 here) I will have a conditional residence, I will still need the AP?

Now I'm confused

[kitthekat 1,317]

I read in a post here somewhere that someone who traveled to mexico on AP had a bad time when she returned.... I am reading everything again, in the form there is a part where I have to write the intended date of travel and expected length of the trip, which in my case I wouldn't know, personally I want the AP because health issues of my mother so i do not have a date....and what should I mark on the form, since I will be applying for AOS (k1 here) I will have a conditional residence, I will still need the AP?

Now I'm confused

you do not have to write the intended date of travel or expected length of trip - use the example form I linked above as a guide.

as long as you don't have your greencard in hand, you will need AP to be allowed back in the US after filing AOS, without having deemed to have abandoned your application for permanent residency. no one except US citizens are "guaranteed" entry into the US, even with AP, but unless something changed while you were abroad (e.g. AOS denied - possible if you get an RFE and then fail to respond within the given deadline), then you will most likely have no issues.

just a friendly suggestion - you might want to start your own thread with your own questions so that you can get more focused answers and not take away from the OP's initial question

Edited July 30, 2014 by kitthekat

[Pinkrlion 2,720]

You can travel and return with AP, the other issue is where you are cruising, do you need a visitor's visa in that country?

[Dave&Roza 748]

You can travel and return with AP, the other issue is where you are cruising, do you need a visitor's visa in that country?

Just to add to this. Some places accept the GC and your passport without the need for a tourist visa even thought people from your home county would be required to have a tourist visa. However, if you travel with AP I am not sure that is covered under the GC waiver so it would be a very good idea to make certain you have all the proper travel documents to all countries visited during your cruise.

Dave

[nobbie 105]

I don't know much about the timeline for AOS, but what I do know is that the AP is not for vacations,

USCIS will only grant advance parole if your travel abroad will be for educational, employment, or humanitarian purposes. You must indicate the purpose on the Form I-131 as described below:

• Educational purposes, such as semester abroad programs or academic research;
• Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients; or
• Humanitarian purposes, such as travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

Travel for vacation is not a valid purpose.

http://www.uscis.gov/i-131

...good luck.

Wrong, you can use AP for vacations when you are filing AoS from a K1 visa. You need not say why you want it or when you are travelling.

[Pitaya 2,577]

~Moved from Fam.-based AOS to Working & Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum~

[PreciousMJ 2]

I don't know much about the timeline for AOS, but what I do know is that the AP is not for vacations,

USCIS will only grant advance parole if your travel abroad will be for educational, employment, or humanitarian purposes. You must indicate the purpose on the Form I-131 as described below:

• Educational purposes, such as semester abroad programs or academic research;

• Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients; or

• Humanitarian purposes, such as travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

Travel for vacation is not a valid purpose.

http://www.uscis.gov/i-131

...good luck.

I don't know much about the timeline for AOS, but what I do know is that the AP is not for vacations,

USCIS will only grant advance parole if your travel abroad will be for educational, employment, or humanitarian purposes. You must indicate the purpose on the Form I-131 as described below:

• Educational purposes, such as semester abroad programs or academic research;

• Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients; or

• Humanitarian purposes, such as travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

Travel for vacation is not a valid purpose.

http://www.uscis.gov/i-131

...good luck.

This is also what I know. Vacation is not a valid reason for AP.

[PreciousMJ 2]

I did not apply for AP but I applied for EAD along with my I-485 application. I haven't applied for AP because I was expecting that I can receive my GC before my cruise. My cruise is only for 5 days.

It's not clear to me yet if I can apply for AP if my reason is vacation. On the application form for AP, you need to state the reason why you want to apply for AP.

I guess, I can ask someone in USCIS when I have my biometrics if I can apply for AP . Do you think that's a good idea? Thanks!

[Dave&Roza 748]

I did not apply for AP but I applied for EAD along with my I-485 application. I haven't applied for AP because I was expecting that I can receive my GC before my cruise. My cruise is only for 5 days.

It's not clear to me yet if I can apply for AP if my reason is vacation. On the application form for AP, you need to state the reason why you want to apply for AP.

I guess, I can ask someone in USCIS when I have my biometrics if I can apply for AP . Do you think that's a good idea? Thanks!

You apply for AP and include a copy of the I-485's NOA1 to have the fee waived. We put "As soon as possible" for date of travel and "1 to 3 weeks" for expected length of trip. For the purpose of the trip we put "N/A" and the same for countries you intend to visit. We also selected 2d as the reason for applying for AP. The EAD/AP card arrived in 46 days or about a month before the GC, but the USCIS was moving at warp speed compared to now.

You can apply for AP to use for a vacation or any other reason you have to leave the country BEFORE the GC arrives. That is one of its purposes. If you do ask some one at the USCIS, make certain you ask about ten people and average the responses you get. I am giving you information from somebody whose wife entered on a K-1 visa and filed for AOS along with the EAD and AP and those are the responses on the I-131 application that were used--I still have copies on my computer.

Good luck,

Dave

P. S. Please realize that the I-131 form is used for several reasons. The ones quoted in the posts above are for a LPR that has a GC applying for a re-entry permit using the I-131--travel outside the US for more than one year. By checking box 2d you are indicating you are not a LPR and thus need AP just to re-enter the US for any trip outside the US as you do not have a GC.

Edited August 1, 2014 by Dave&Roza

[Dohan 133]

yes, AP is the document you'll need if you want to leave the country. refer to the example form on VJ when filling it out -- http://www.visajourney.com/examples/INS-Form-I-131.pdf

if i understand you correctly, you did not apply for AP at the same time as your I-485 application? if you include the NOA1 from the I-485, the fees for AP will be waived. be sure that you wait till you have it in your hand before leaving the country (just applying is not enough).

not relevant to your initial question, but if you want to be able to work before receiving your green card, you can send in the forms for EAD (I-765) together with AP. the fees will also be waived if filed in conjunction with your I-485 application.

the section you quoted is only relevant for people applying under DACA. many people have successfully used AP to travel on vacation with no issues.

But what about the portion where it says "on a separate sheet of paper explain how you qualify" Do people just not attach it?

[aaron2020 11,651]

But what about the portion where it says "on a separate sheet of paper explain how you qualify" Do people just not attach it?

Lots of people give no explanation. AP is still granted.