Questions about Advanced Parole

[Larindra 9]

OK so I have a couple of questions regarding Advanced Parole in connection with I-485 Adjustment of Status.

I know that when I apply for it, I fill out I-131. When I file I-485 I file I-131 concurrently. Lets say I get approved and later I receive the green card. Can the AP then be used as a re-entry permit so I can leave for longer than a year or do I have to file another I-131 after GC receipt?

Also I'm currently reading experiences. Most people say that it is not a good idea to travel on it. I know all that. Some people have and it was worth it for them. I understand that I receive a stamp in my passport that says I'm being paroled into the US for a year. So now what happens if my Adjustment of Status process is delayed for whatever reason and it all takes longer than the expiration date of the Parole? Then what do I need to do? Am I out of status then?

I know that it's at the mercy of the officer at the Point of Entry wether I get back in or not. So, if I travel with a US citizen who is my immediate relative (and who sponsors me), do I have better chances to be paroled back into the States?

 

For how long can I travel? Is three weeks OK?

Edited October 28, 2017 by Larindra

[azblk 338]

Unless you have some other inadmissibility issues you should have no problem traveling on AP. No you need to apply for a separate re-entry permit as your AP ceases to be valid the day your GC is approved or denied.

[NYCruiser 423]

1 hour ago, Larindra said:

OK so I have a couple of questions regarding Advanced Parole in connection with I-485 Adjustment of Status.

I know that when I apply for it, I fill out I-131. When I file I-485 I file I-131 concurrently. Lets say I get approved and later I receive the green card. Can the AP then be used as a re-entry permit so I can leave for longer than a year or do I have to file another I-131 after GC receipt?

Also I'm currently reading experiences. Most people say that it is not a good idea to travel on it. I know all that. Some people have and it was worth it for them. I understand that I receive a stamp in my passport that says I'm being paroled into the US for a year. So now what happens if my Adjustment of Status process is delayed for whatever reason and it all takes longer than the expiration date of the Parole? Then what do I need to do? Am I out of status then?

I know that it's at the mercy of the officer at the Point of Entry wether I get back in or not. So, if I travel with a US citizen who is my immediate relative (and who sponsors me), do I have better chances to be paroled back into the States?

 

For how long can I travel? Is three weeks OK?

1. When you file for the AOS (I-485) apply for a Employment Authorzation Document and an Advance Parole Document. I am assuming you came i on a K1? Both EAD and AP are on the same card. When you get your GC (I-551), you are a Permanent Resident -2 years validity. Your AP and EAD card are not longer valid. You use your GC for Employment and Travel.

 

2. AP/EAD is valid for one year, but which time you should get your Greed Card. Baring that, just send a renewal application for EAD/AP. (No cost).

 

When you come into the USA, you WILL go through secondary processing. My Spouse did, both times...One at airport and the second time on a land crossing. Varies....there is a wait for sure. The first time, no questions, just the AP Stamp. The second time, we were BOTH grilled as he got nervous and blurted out the wrong address where we were living. 

[Larindra 9]

Will I need the I-94 when I depart? It is still a paper and it was issued in 2013. I overstayed a tourist visa and now I'm adjusting status. 

[aznhouston 132]

You don't have to carry the I94 anywhere. It can be pulled from the website.

[Larindra 9]

Since it's been so long the record can't be found online. 

[Teemo 252]

On 10/28/2017 at 7:42 PM, Larindra said:

OK so I have a couple of questions regarding Advanced Parole in connection with I-485 Adjustment of Status.

I know that when I apply for it, I fill out I-131. When I file I-485 I file I-131 concurrently. Lets say I get approved and later I receive the green card. Can the AP then be used as a re-entry permit so I can leave for longer than a year or do I have to file another I-131 after GC receipt?

Also I'm currently reading experiences. Most people say that it is not a good idea to travel on it. I know all that. Some people have and it was worth it for them. I understand that I receive a stamp in my passport that says I'm being paroled into the US for a year. So now what happens if my Adjustment of Status process is delayed for whatever reason and it all takes longer than the expiration date of the Parole? Then what do I need to do? Am I out of status then?

I know that it's at the mercy of the officer at the Point of Entry wether I get back in or not. So, if I travel with a US citizen who is my immediate relative (and who sponsors me), do I have better chances to be paroled back into the States?

 

For how long can I travel? Is three weeks OK?

Advance parole is an established procedure used hundreds if not thousands of times a day. I have used it myself. People are understandably worried but it is very common and frequently used, and usually only extraordinary circumstances (ie you commit a crime while abroad, you are carrying drugs on you, your AOS is denied while out of the country) will prevent your re-admittance. You are at the "mercy" of the CBP,  yes, but generally it is for routine inspection and they (almost) always will need a specific reason to deny you. That is the same for greencard holders and anyone but US citizens btw. Remember you just underwent an FBI background check among other reviews in order to receive AP so CBP is not in the business of denying entry to people who have been expressly authorized to be paroled back into the US, pending their inspection of you to determine if there is a threat to national security or public safety, or drug smuggling or person trafficking etc. 

 

AP cannot be used as a re-entry permit for permanent residents - that is something separate even though it is the same form. AP will cease the second you receive permanent residency. You will have to apply for a re-entry permit when the time comes. 

 

Don't worry about the stamp in your passport. It's your EAD/AP that matters. 

 

Three weeks travel is routine and fine. 

Edited July 16, 2018 by Teemo