Advance Parole Question

[Spangler Jounrey 2]

I am about to sumbit for AoS from my K1 visa, and have a question about Advance Parole (AP). I have an ailing grandparent in my home country who is soon to have surgery, and, given the poor nature of their health, I would like to have the flexibility to return home if need be while my AoS application is processing. My understanding is that AP is a way to do this, but wanted to make sure that I am going about things the right way.

 

The official instructions states that 'Travel for vacation is not a vallid purpose', however the Visa Journey example simply lists as its reason for applying 'visit my mother and father in Australia', with no mention of family emergency. Is it likely that my application, based on a grandparent who is ailing, will be accepted? I'd love to hear from anyone with experience of this, as the official instructions seem to state quite clearly that what is requested in the VisaJourney example would be rejected.

 

Also, it is made clear that an AP document does not guaruntee admission when returning. What does this mean in practice? I've read that this is generally only a concern for people who have previous over-stays, or refugees who return to the countries they have fled, and that for a valid K1 holder it is essentially a formality. Does anyone have any further knowledge or experience on this?

 

Thanks!

[geowrian 22,337]

The part you are referencing is for those seeking AP under the DACA program.

"USCIS or U.S. Immigration and Customs Enforcement (ICE) has deferred action in your case as a childhood arrival based on the guidelines described in the Secretary of Homeland Security’s memorandum issued on June 15, 2012 (“Deferred Action for Childhood Arrivals” (DACA)). USCIS may, in its discretion, grant advance parole if you are traveling outside the United States for educational purposes, employment purposes, or humanitarian purposes.

...

NOTE: Travel for vacation is not a valid purpose. You must NOT file Form I-131 with your deferred action request or your package will be rejected and returned to you."

Edited July 5, 2018 by geowrian

[Sunnyland 639]

All what I'm gonna say is that do not travel abroad unless you have your advance parole card/document approved and in hand. Or they wont allow you entry in your return. The AP is for those who need to travel (not matter the reason).

When you submit your AOS, also include the document i-131 and see if you can get your AP expedited since you have a relative with health issues. But be aware that expedited AP is not guaranteed. 

Once you submit your AOS, also submit your AP and EAD forms (travel and temporary work permit). Then they will send you the notice to do biometrics at a local uscis office. From there you will need to wait like 3 or 6 months (it varies depending on the location) until you get it approved.

Edited July 5, 2018 by Sunnyland