Chinese national travelling to Europe during AOS

[Katherine93 30]

Hey guys,

I'm currently in the process of adjusting status (from F1), I'm planning a trip to Europe this summer visit my friends in the Netherlands (where I studied/lived for 2 years before I came to the US) and possibly some other countries. As you might know China is not one of the schengen visa exempt countries so I would have to obtain a tourist visa. I checked the requirement and it requires showing my current visa status. Would that be Advanced parole then? Has anyone has similar experiences?

Thank you!

[Jojo92122 1,924]

AP is for leaving the US and being allowed to return to continue AOS. It's not a visa for Europe. As a Chinese citizen, you will need the appropriate visa to enter Europe. Having AP or a green card does not change that. When you become a US citizen, then you can go to Europe without needing a visa.

[Darnell 8,478]

without a greencard, you are not a LPR in USA.

You're still on a student visa.

When does your student visa expire ?

Usually, if a human leaves the USA after applying for an adjustment of status, then the casefile is deemed abandoned and further processing stops, as USCIS thinks you lost interest (plus some other legal stuff) .

So, what's up ? If you get a schengen visa, you can (at least) get into Europe, but who can tell if you are let back into the USA ?

[Katherine93 30]

AP is for leaving the US and being allowed to return to continue AOS. It's not a visa for Europe. As a Chinese citizen, you will need the appropriate visa to enter Europe. Having AP or a green card does not change that. When you become a US citizen, then you can go to Europe without needing a visa.

I'm sorry if I misinterpreted - I know I need a schengen visa for Europe...What I was asking is when I apply for the schengen visa, it will ask for my current visa status in the US in order to ensure that I will be able to return to the US. I was wondering if that would be AP.

[Katherine93 30]

without a greencard, you are not a LPR in USA.

You're still on a student visa.

When does your student visa expire ?

Usually, if a human leaves the USA after applying for an adjustment of status, then the casefile is deemed abandoned and further processing stops, as USCIS thinks you lost interest (plus some other legal stuff) .

So, what's up ? If you get a schengen visa, you can (at least) get into Europe, but who can tell if you are let back into the USA ?

Well wouldn't AP serve the purpose of a visa? Isn't that what it's for - allowing you to come back to the US when you leave during the process of AOS?

My student visa expired a year ago but I'm still in status with valid I20. However I have already applied for AOS and USCIS just mailed me my EAD/AP card, which is why I wanted to make sure that AP/AOS is the status I would show the Embassy of the European country when I apply for the schengen visa, as my current legal status in the US.

[Katherine93 30]

Here is one of the required documents for applying schengen visa if you are not a visa-exempt passport holder:

- original of valid US alien registration card or valid US resident visa (type A, E, F plus endorsed I-20, G, H, I, J plus J1 documents, L, O, R) and one copy

Which is why I asked if AP would be the document that I would submit.

[Jojo92122 1,924]

Well wouldn't AP serve the purpose of a visa? AP does not serve the purpose of a visa. It's not a visa. People who leave with AP are LEGALLY considered to not have left the US for the purpose of reentering to complete AOS. Being considered not to have left the US is different from needing a visa to reenter. Isn't that what it's for - allowing you to come back to the US when you leave during the process of AOS? Yes. Still not a visa.

My student visa expired a year ago but I'm still in status with valid I20. However I have already applied for AOS and USCIS just mailed me my EAD/AP card, which is why I wanted to make sure that AP/AOS is the status I would show the Embassy of the European country when I apply for the schengen visa, as my current legal status in the US.

[Katherine93 30]

Okay, I see. Could you please link me to the information that you just mentioned?

If that's the case then what should I submit for applying the schengen visa? If AP can't be considered as a visa in this case, and my F1 visa/status is void after filing AOS, then what documents would I submit to suffice the embassy's requirement?? Even if my F1 visa hadn't expired, I wouldn't be able to re-enter the US on F1 anyway since that would mean I abandoned my AOS.

[Katherine93 30]

Just saw this on the I131 instructions:

"The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States."

I understand that AP is not actually a visa. But would it serve of the purpose of a visa in my situation? If not then what am I supposed to?

[Katherine93 30]

Never mind I found the answer somewhere else. For future reference if anyone needs - you can apply for Schengen visa with AP (for the purpose of showing a legal US status).

Thank you everyone for your time.

[Darnell 8,478]

I'm sorry if I misinterpreted - I know I need a schengen visa for Europe...What I was asking is when I apply for the schengen visa, it will ask for my current visa status in the US in order to ensure that I will be able to return to the US. I was wondering if that would be AP.

Timing matters, aye?

Your status at the time of application is what governs.

[Darnell 8,478]

Okay, I see. Could you please link me to the information that you just mentioned?

If that's the case then what should I submit for applying the schengen visa? If AP can't be considered as a visa in this case, and my F1 visa/status is void after filing AOS, then what documents would I submit to suffice the embassy's requirement?? Even if my F1 visa hadn't expired, I wouldn't be able to re-enter the US on F1 anyway since that would mean I abandoned my AOS.

Eh - yer F1 status is NOT void when you apply for AOS, you must maintain your status whilst waiting for the greencard to arrive.

There's some gray area, where you go OUT of status, whilst waiting for the greencard, but any overstay is automagically forgiven when the greencard is produced.

However, if your F-1 visa expired, be wary of going out of the USA afterwards, even with AP.