Travelling with an AP Document

[yobert26 0]

Hi guys- I know there have been previous threads on this topic, but no one has seemed to address whether or not leaving the US with an AP document for leisure reasons is actually allowed or not, even though people have successfully done it.

Per the I-131 instructions, page 4, section 3.1, you can only apply if "you have a pending application to adjust status, Form I-485, and you seek to travel abroad 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."

Also, in Section 7 of the actual I-131 form it asks you to "on a separate sheet of paper, explain how you qualify for an Advance Parole Document, and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered."

These two things do not make it seem like you can just travel for vacation, etc. with AP. Has anyone read anything produced by the U.S. government that contradicts the forms and clearly states that you can travel for any reason with AP?

I'm looking to go on a vacation with my wife to Thailand in October. She's never overstayed any visa, etc. so I don't think under normal circumstances she would ever be turned down to re-enter, but I'm afraid CBP could ask specifically what "urgent humanitarian reason" or "significant public benefit" made us go to Thailand, and since we wouldn't have an answer, re-entry would be refused.

[ChicagoSarah 127]

You'd be applying for a re-entry permit (#1: http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf) onform i-131 with pending AOS from K-1 (fee waived). And yes, you can travel for leisure. Plenty have done so (including my husband). As with everything, it is not a guarantee of re-entry as everything is at the discretion of the CBP officer. But I haven't heard of anyone having trouble re-entering with it (at least not under normal circumstances).

Check out the example form here on VJ. On a separate sheet of paper, just write that you have submitted AOS from K-1 and wish to be allowed re-entry during processing.

[yobert26 0]

Thanks for the info. I thought it wasn't a re-entry permit but an Advance Parole document, as they seem to be different? It doesn't look like she is eligible for a reentry permit since she is not a permanent resident or a conditional permanent resident, but someone with a "pending application to adjust status", as mentioned on page 4, section 3.1. This Advance Parole Document seems to contain the restrictions I mentioned above on "urgent humanitarian reasons" or "significant public benefit" and I just want to see if there is something out there from the U.S. government that says you don't necessarily need these reasons once approved.

[Hypnos 6,576]

Wide latitude is given to people with a pending I-485 and who travel abroad. Provided you're not up to no good (and started making trouble in my neighbourhood) then almost any purpose is permissible, including vacations.

[ChicagoSarah 127]

Wide latitude is given to people with a pending I-485 and who travel abroad. Provided you're not up to no good (and started making trouble in my neighbourhood) then almost any purpose is permissible, including vacations.

And now I have Fresh Prince running through my head (I'm not complaining...I know all the words anyway!)

OP - The Advanced Parole card covers a variety of situations. Yours would be re-entry permit with AOS. Apply for the EAD (employment authorization) at the same time and the EAD/AP will arrive as a combo card (both fees waived when submitted with a pending AOS).

There is a different AP that is emergency AP that gets discussed, but that is not what you're seeking.

[newacct 688]

Hi guys- I know there have been previous threads on this topic, but no one has seemed to address whether or not leaving the US with an AP document for leisure reasons is actually allowed or not, even though people have successfully done it.

Per the I-131 instructions, page 4, section 3.1, you can only apply if "you have a pending application to adjust status, Form I-485, and you seek to travel abroad 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."

Also, in Section 7 of the actual I-131 form it asks you to "on a separate sheet of paper, explain how you qualify for an Advance Parole Document, and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered."

These two things do not make it seem like you can just travel for vacation, etc. with AP. Has anyone read anything produced by the U.S. government that contradicts the forms and clearly states that you can travel for any reason with AP?

I'm looking to go on a vacation with my wife to Thailand in October. She's never overstayed any visa, etc. so I don't think under normal circumstances she would ever be turned down to re-enter, but I'm afraid CBP could ask specifically what "urgent humanitarian reason" or "significant public benefit" made us go to Thailand, and since we wouldn't have an answer, re-entry would be refused.

You can just travel for vacation on AP if you are an AOS applicant.

You do not have to attach anything. You forgot to "see instructions" as the form says.