Travel on Advance Parole soon after GC interview?

[UKLDNChris 2]

Hi folks,

 

I've had a recent round of good news. On Monday March 4th, I got notice that my Green Card interview was scheduled for April 8th at 10AM (NYC filer - September 2017). This was a great surprise as it was a bit earlier than expected!

This morning I received an e-mail update that a case has been made to my file, and upon checking I noticed that it's my second Advance Parole being being approved yesterday.

 

We're set to leave for our honeymoon to Japan on April 27th. I'm wondering, if the Green Card interview goes well and we are approved quickly after, but I don't get my Green Card by the time we depart on April 27th, am I safe to travel abroad with my Advance Parole?

 

Thanks in advance for the advice!

Chris

[Khallaf 650]

7 minutes ago, UKLDNChris said:

Hi folks,

 

I've had a recent round of good news. On Monday March 4th, I got notice that my Green Card interview was scheduled for April 8th at 10AM (NYC filer - September 2017). This was a great surprise as it was a bit earlier than expected!

This morning I received an e-mail update that a case has been made to my file, and upon checking I noticed that it's my second Advance Parole being being approved yesterday.

 

We're set to leave for our honeymoon to Japan on April 27th. I'm wondering, if the Green Card interview goes well and we are approved quickly after, but I don't get my Green Card by the time we depart on April 27th, am I safe to travel abroad with my Advance Parole?

 

Thanks in advance for the advice!

Chris

depending on your country of origin and the passport that you hold might want to make sure that you can travel to Japan

 

I know it might sound stupid but I have come across many who didn't know that they can't travel to certain countries on the AP/Green card.

[K1visaHopeful 2,872]

32 minutes ago, UKLDNChris said:

Hi folks,

 

I've had a recent round of good news. On Monday March 4th, I got notice that my Green Card interview was scheduled for April 8th at 10AM (NYC filer - September 2017). This was a great surprise as it was a bit earlier than expected!

This morning I received an e-mail update that a case has been made to my file, and upon checking I noticed that it's my second Advance Parole being being approved yesterday.

 

We're set to leave for our honeymoon to Japan on April 27th. I'm wondering, if the Green Card interview goes well and we are approved quickly after, but I don't get my Green Card by the time we depart on April 27th, am I safe to travel abroad with my Advance Parole?

 

Thanks in advance for the advice!

Chris

No. Once you've had your interview, your AP is no longer valid. If approved you will need to get a temporary I551 stamp in your passport instead. 

[USS_Voyager 1,972]

31 minutes ago, K1visaHopeful said:

No. Once you've had your interview, your AP is no longer valid. If approved you will need to get a temporary I551 stamp in your passport instead. 

I don't think that's the case. One will be a Lawful Permanent Resident the minute the I-485 is formally approved, not at the interview. Usually at interviews, the officers make the recommendations for approval, but the I-485 is not usually approved right that minute. It takes some more paperwork and administrative processing to get to the point where the I-485 is formally approved. And even the after the I-485 is approved, you can still enter with the AP card, you just won't be "paroled" in, you will be admitted as a Lawful Permanent Resident. 

 

Case in point: My I-485 was approved when I was oversea (getting married actually). So I knew it was approved because I got the text and email alerts, but of course all I had with me was the AP card. So of course I had to use it to enter. At CBP, they basically just check their computers and they knew my GC was approved, so he asked "Where's your green card?" and I said "probably in the pile of mails at my house". Then he just stamped the passport "Admitted as LPR". 

[K1visaHopeful 2,872]

12 minutes ago, USS_Voyager said:

I don't think that's the case. One will be a Lawful Permanent Resident the minute the I-485 is formally approved, not at the interview. Usually at interviews, the officers make the recommendations for approval, but the I-485 is not usually approved right that minute. It takes some more paperwork and administrative processing to get to the point where the I-485 is formally approved. And even the after the I-485 is approved, you can still enter with the AP card, you just won't be "paroled" in, you will be admitted as a Lawful Permanent Resident. 

 

Case in point: My I-485 was approved when I was oversea (getting married actually). So I knew it was approved because I got the text and email alerts, but of course all I had with me was the AP card. So of course I had to use it to enter. At CBP, they basically just check their computers and they knew my GC was approved, so he asked "Where's your green card?" and I said "probably in the pile of mails at my house". Then he just stamped the passport "Admitted as LPR". 

On occasion, if approved at the interview, you can request an I551 stamp right there. Generally it is advised not to travel after your interview but before you have your actual GC because it's difficult to pin point at what point you will receive LPR status. That's why I said to not travel after the interview because there is a window of grey area there until you are officially approved. Once you have been approved as an LPR, your AP is invalid.

In your case, you were not admitted as a parolee but rather as a LPR. They did you a courtesy by letting you in when they looked up your info and saw your GC was approved even if you did not have it on hand. 

 

[USS_Voyager 1,972]

12 minutes ago, K1visaHopeful said:

They did you a courtesy by letting you in when they looked up your info and saw your GC was approved even if you did not have it on hand. 

 

Well, I think they had to. In my case, there was no interview. My GC was employment based so I just submitted the I-485 and whenever it got approved, it got approved. There was no way to know, so no way to avoid traveling. I think it's a routine thing though. People for GC approved all the times when they're overseas. There are people on H1 or L1  who travel and their GC were approved, and still can get in. 

 

The point is, it is a routine thing, you can still get in without the I-551 stamp. You can of course get the stamp if you want. 

[K1visaHopeful 2,872]

2 minutes ago, USS_Voyager said:

Well, I think they had to. In my case, there was no interview. My GC was employment based so I just submitted the I-485 and whenever it got approved, it got approved. There was no way to know, so no way to avoid traveling. I think it's a routine thing though. People for GC approved all the times when they're overseas. There are people on H1 or L1  who travel and their GC were approved, and still can get in. 

 

The point is, it is a routine thing, you can still get in without the I-551 stamp. You can of course get the stamp if you want. 

Right but once approved you should not be flashing an H1, L1 or an AP. That was my point.

[USS_Voyager 1,972]

Just now, K1visaHopeful said:

Right but once approved you should not be flashing an H1, L1 or an AP. That was my point.

Correct. I agree. OP, if you GC is approved, you need to tell the CBP as such and you're now a LPR. 

[geowrian 22,338]

1 hour ago, K1visaHopeful said:

No. Once you've had your interview, your AP is no longer valid. If approved you will need to get a temporary I551 stamp in your passport instead. 

I explicitly asked this question to the IO at the end of our AOS interview a few months ago. They said it is still valid (just like the EAD). You would just need to make sure the CBP officer admits you as an LPR upon return, if AOS gets approved while abroad.

[K1visaHopeful 2,872]

6 minutes ago, geowrian said:

I explicitly asked this question to the IO at the end of our AOS interview a few months ago. They said it is still valid (just like the EAD). You would just need to make sure the CBP officer admits you as an LPR upon return, if AOS gets approved while abroad.

Yes it's still valid up until the GC has been approved. But because you wont know when that is until you have GC on hand if you choose not to/are unable to get a temporary I551 stamp, you wont know when your AP is no longer valid. There is no overlapping time period. 

So yes, do not enter with your AP if by chance your LPR status has been approved.

[geowrian 22,338]

25 minutes ago, K1visaHopeful said:

Yes it's still valid up until the GC has been approved. But because you wont know when that is until you have GC on hand if you choose not to/are unable to get a temporary I551 stamp, you wont know when your AP is no longer valid. There is no overlapping time period.

I'd have to disagree still. Both an EAD and AP are imigraiton benefits, not statuses. LPR is an immigration status that also grants authorization to work and travel. Benefits can overlap, statuses cannot.

If AOS is denied, any EADs or APs issued due to it are canceled, as noted in the denial notice. No such wording about this exists in the approval notice.

[K1visaHopeful 2,872]

6 minutes ago, geowrian said:

I'd have to disagree still. Both an EAD and AP are imigraiton benefits, not statuses. LPR is an immigration status that also grants authorization to work and travel. Benefits can overlap, statuses cannot.

If AOS is denied, any EADs or APs issued due to it are canceled, as noted in the denial notice. No such wording about this exists in the approval notice.

Well then for once we'll just have to disagree, lol.

[little immigrant 801]

6 hours ago, Khallaf said:

depending on your country of origin and the passport that you hold might want to make sure that you can travel to Japan

 

I know it might sound stupid but I have come across many who didn't know that they can't travel to certain countries on the AP/Green card.

Isn't the green card to come back? Other countries shouldn't care about your residency but your passport, no? 

[Khallaf 650]

Just now, little immigrant said:

Isn't the green card to come back? Other countries shouldn't care about your residency but your passport, no? 

if you are not a USC you just cant go willy nilly to any country, for example

 

people of Egypt can only travel to certain countries without the requirement of a visa

those living in the US can only go to and from certain countries on the green card

 

so, if you can get a visa in your country specific passport then you can travel there on the country passport that you hold and enter back to USA with green card.