I-131, AP (Conflicting Information)

[CowBoE 429]

Upon reading the instruction and comments in the form, I didn't think my wife had proper reason to file for AP,

but upon checking with the VJ site, several suggested to file it with AOS & EAD...so I did.

So...that begs the question of...

I-131 instruction suggests AP can be applied in special circumstances they listed

but how did some VJ-ers come to a conclusion that...

1) It is OK to file for AP

2) And that it is OK to travel abroad even if it doesn't directly meet the

circumstances mentioned in the I-131 instructions/form.

Additionally, I would like to hear from folks that have gotten AP without specific reasons stated,

but more importantly, that you (or your spouse) was able to travel abroad without any issues

even though it was not a special circumstance, but rather just a pleasure trip.

Thanks

[Dohan 133]

See this discussion http://www.visajourney.com/forums/topic/507790-advance-parole-to-travel-on-a-cruise/and also maybe you can ask directly folks from that thread, seems there were several people there who successfully applied for AP without humanitarian reasons.

If you don't mind, could you please update this thread when you have the answer? Thanks!

[Pitaya 2,577]

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

~Inquiry about advance parole~

[Leo7777 243]

It seems there is still some confusion about this, even for those who have gotten AP and those who have traveled with AP.

For both DACA and normal AOS people, there are clearly stated restrictive reasons that allow for travel.

Now, several here doing AOS have stated that there is not a need to list reasons for asking for AP and that they got the AP.

But that begs the question, will they be allowed back into USA when they travel on such AP.

If you read the conditions on any visa or travel document, it always cautions that Border Patrol officers can deny entry to anyone, even those who have good documents, etc.

So yes, I understand that several here have traveled on AP and gotten back into USA. But that doesn't mean than others will be similarly successful.

Perhaps an analogy can be useful:

A person can obtain a drivers license. But that drivers license can only be used to drive under the laws and rules that exist.

Similarly, a person can obtain an AP card. But that card is only good for travel under the rules which clearly (in the Instructions for I-131) allow for travel for "urgent humanitarian reasons", or in furtherance of a "significant public benefit", which may include a personal or family emergency or bona fide business reasons".

Note the above is NOT for DACA, but is similar.

DACA says that travel can be for 1) Educational, 2) Ordered to travel by your Employer,

3) Humanitarian - you need medical treatment outside USA or a family member's serious illness or death.

So getting an AP card is not the same as being able to use it for any travel purpose.

[CowBoE 429]

It seems there is still some confusion about this, even for those who have gotten AP and those who have traveled with AP.

For both DACA and normal AOS people, there are clearly stated restrictive reasons that allow for travel.

Now, several here doing AOS have stated that there is not a need to list reasons for asking for AP and that they got the AP.

But that begs the question, will they be allowed back into USA when they travel on such AP.

If you read the conditions on any visa or travel document, it always cautions that Border Patrol officers can deny entry to anyone, even those who have good documents, etc.

So yes, I understand that several here have traveled on AP and gotten back into USA. But that doesn't mean than others will be similarly successful.

Perhaps an analogy can be useful:

A person can obtain a drivers license. But that drivers license can only be used to drive under the laws and rules that exist.

Similarly, a person can obtain an AP card. But that card is only good for travel under the rules which clearly (in the Instructions for I-131) allow for travel for "urgent humanitarian reasons", or in furtherance of a "significant public benefit", which may include a personal or family emergency or bona fide business reasons".

Note the above is NOT for DACA, but is similar.

DACA says that travel can be for 1) Educational, 2) Ordered to travel by your Employer,

3) Humanitarian - you need medical treatment outside USA or a family member's serious illness or death.

So getting an AP card is not the same as being able to use it for any travel purpose.

Absolutely...though my wife has no reason to travel back to her country anytime soon,

we filed for AP since it doesn't hurt to get it (if they allow it), just in case of future urgent situation.

That said, US immigration laws are pretty black and white in many situations,

and writing is pretty clear that only in qualifying situations, should AP should be

requested and used.

In most cases, VJ-ers have pretty clear understanding of immigration rules

and in nearly all situations VJ-ers promote following instructions and not attempt the

cheat the system, but for AP, many seem to have very loose interpretation and

confidence about the acquisition and use of AP...which if it works, that would be great,

but I just wanted to know...how were they able to come to that conclusion???

[Leo7777 243]

. . . which if it works, that would be great, but I just wanted to know...how were they able to come to that conclusion???

I think a lot is based on someone doing it successfully.

Likewise many people have probably traveled to Syria recently and left successfully.

But I doubt any Japanese person would conclude that they would want to try it now.

[CowBoE 429]

I think a lot is based on someone doing it successfully.

Likewise many people have probably traveled to Syria recently and left successfully.

But I doubt any Japanese person would conclude that they would want to try it now.

Yeah...I presume they are speaking from experience or from witnessing

evidence of others having done it successfully since most information on VJ site is pretty good.

That said, I don't follow your analogy on Syria and Japan.

Something special going on with these 2 countries that can affect

traveling with AP?

[TBoneTX 46,452]

This thread, like another on the same topic, is being closed to further comments because of duplication here:

http://www.visajourney.com/forums/topic/533058-going-on-a-cruise-while-on-k-1-visa/

[Moderator hat off]

People need to stop worrying about straw dogs in reference to nonemergency use of the AP. Nonemergency travel is routinely and regularly undertaken all the time.