travel while pending AOS

[mitcha32 4]

*please place in appropriate thread if this is not the correct one*

My husband and I have been married for a little over 2 years. We filed for AOS 2yrs ago and have not heard anything yet. It is getting really difficult for my husband since the process is lengthy. He has missed several important events back home like his sisters getting married, family emergencies and such.

Has anyone traveled back home while still pending AOS? Is it possible to travel and still be let back in the country with no problems? Does anyone know how Advance Parole works?

My brother-in-law is really sick, and my husband and i would like to travel to see him however we are scared they will give us a huge hassle at the port of entry once we are back in the states even if we do get permission to leave. We had the worst experience when he first came under the K1 visa and really do not want to go through that again.

can anyone suggest anything?

is anyone else in the same boat where they are still waiting for AOS after 2 years?

[Harpa Timsah 13,258]

Advance parole is for travel. Did he not apply for it? It's free. There was no reason for him to miss important events back home. Tons of people use AP.

2 years is long but can happen. Did you have an interview already? If you did not have an interview yet then something is wrong.

Edited May 1, 2016 by Harpa Timsah

[Abby&Colin 40]

Definitely sounds like there is something wrong if you haven't heard anything for two years

And advance parole is an application you send in with your AOS which they send you a document that allows you to leave while AOS is pending.

Sounds like you should be calling the USCIS office and inquiring about your case.

You should also start and send out an advance parole application ASAP if you want to travel

Edited May 1, 2016 by Abby&Colin

[Harpa Timsah 13,258]

OP's profile said that they had an interview, RFE was issued at interview, then afterward they had a home visit. Sounds like in-country AP (admin processing in this case, not advance parole).

[mitcha32 4]

yes we had our interview. we did get the travel authorization but people mentioned that with a regular 131 travel authorization it would not be ok to travel and come back in due to the AOS still pending.

We had aweful and unprofessional judicators. We have been contacting USCIS and gone to our local office. They say our case is still open and pending and that there is nothing they can do but wait. My husbands work authorization will expire in August so we will apply for that soon and submit for travel again. But i wanted to know what the difference was as far as Advance parole.

I worked for PAE doing biometrics at our local office and knew a lot of the staff for USCIS. I got the job after my husband was here in the states and we were married. Everyone seemed surprised that we are still waiting on our case I have hired a lawyer but i think that is just a waste of money. I am doing that just for my husbands piece of mind. He feels that with a lawyer things will speed up.

I know every case is different. but i think this is crazy that we have been waiting this long. Even the officer that came for the home visit was in shock and questioned why he was even called to do the visit if he saw NOTHING that would suspect wrong doing.

[Harpa Timsah 13,258]

You seem to be confused as to what AP is for. AP is for travel while AOS is pending. Once you have the Greencard, he can travel on that, no more need for AP then.

[mitcha32 4]

No I dont think i am confused on what AP is used for. what i am saying is that when we applied for AOS, we just filled out the i 131 form but not the portion where it states Advance parole. We were under the impression that we could not use that therefore did not fill that part out. all we did was just apply for travel in general.

by the way, i appreciate the feedback and direction. thank you

[A'n'L 735]

No I dont think i am confused on what AP is used for. what i am saying is that when we applied for AOS, we just filled out the i 131 form but not the portion where it states Advance parole. We were under the impression that we could not use that therefore did not fill that part out. all we did was just apply for travel in general.

by the way, i appreciate the feedback and direction. thank you

What do you mean "travel in general"? The I131 is the application for advance parole = to travel abroad while pending AOS. Did you receive a year document?

[Hypnos 6,576]

You are definitely confused.

As stated, the I-131 is for Advance Parole, Re-entry Permits, and Humanitarian Parole. If you completed it, submitted it, and it was approved, then you have Advance Parole.

Does his EAD say "Serves as I-512 Advance Parole" along the bottom, or does it instead say "Not valid for re-entry to U.S."? If the first one, that's his Advance Parole, meaning he can travel on it and return at any point up to its expiry date.

With that out of the way... if his current documents (EAD/AP) are about to expire, you should file for renewals 120 days before they expire. Simply complete new I-131 and I-765 applications (on the I-765 check "renewal of my permission to accept employment"), and enclose those, 4 passport photos, a copy of the front of back of his current EAD, together with a copy of his I-485 NOA, to the Chicago Lockbox. There is no fee for renewals, the same as there is no fee for initial documents.

Next, you should absolutely contact one of your congressional representatives and/or the DHS Ombudsman in order to find out why his case is taking so long. I suspect in-country Administrative Processing as Harpa alluded to above, since he's from Egypt, but given that half the time USCIS cannot tell their ####### from their elbow it's something you should check on.

https://cisomb.dhs.gov/oca/form7001.aspx is where you can contact the Ombudsman.

Edited May 1, 2016 by Hypnos

[dpd 21]

I just came back on Advance Parole (AP) last week for a 2.5 week vacation to my home country. My AOS is still pending. I had no problem coming back to the States using my AP. I was only asked for a few questions and everything went fine. He should be Ok if he has a valid AP.

Edited May 1, 2016 by dpd

[Shauneg 762]

*please place in appropriate thread if this is not the correct one*

My husband and I have been married for a little over 2 years. We filed for AOS 2yrs ago and have not heard anything yet. It is getting really difficult for my husband since the process is lengthy. He has missed several important events back home like his sisters getting married, family emergencies and such.

Has anyone traveled back home while still pending AOS? Is it possible to travel and still be let back in the country with no problems? Does anyone know how Advance Parole works?

My brother-in-law is really sick, and my husband and i would like to travel to see him however we are scared they will give us a huge hassle at the port of entry once we are back in the states even if we do get permission to leave. We had the worst experience when he first came under the K1 visa and really do not want to go through that again.

can anyone suggest anything?

is anyone else in the same boat where they are still waiting for AOS after 2 years?

How did you answer Part 2 question 1 of the I131?

[visaqueries 111]

My husband left the states to see his family in Egypt prior to his green card being granted. He had no issues returning. If you have Advanced Parole, he should be able to leave and return with minimal problems.

Edited May 2, 2016 by visaqueries

[Unidentified 2,930]

*please place in appropriate thread if this is not the correct one*

My husband and I have been married for a little over 2 years. We filed for AOS 2yrs ago and have not heard anything yet. It is getting really difficult for my husband since the process is lengthy. He has missed several important events back home like his sisters getting married, family emergencies and such.

Has anyone traveled back home while still pending AOS? Is it possible to travel and still be let back in the country with no problems? Does anyone know how Advance Parole works?

My brother-in-law is really sick, and my husband and i would like to travel to see him however we are scared they will give us a huge hassle at the port of entry once we are back in the states even if we do get permission to leave. We had the worst experience when he first came under the K1 visa and really do not want to go through that again.

can anyone suggest anything?

is anyone else in the same boat where they are still waiting for AOS after 2 years?

He can go to his local field office and file for Emergency Advance Parole to go see his sick brother. He doesn't need an info pass he just goes into the office and says he needs to apply for an Emergency Advance Parole.

He needs to bring:

Letter from the doctor explaining the condition and prognosis of the brother

AOS case number

2 Passport photos

As you haven't filed for Advance Parole with your AOS you need to bring a check for the filing fee which is $360

Good luck!