Advance Parole During I-485 Application

[gordec 0]

Hi, I am currently discussing with my girlfriend to get her to the states. We have a basic idea of how everything works. We have 1 question regarding the advance parole during I-485 because she needs to leave the States for work during that time.

Our question is how long can she leave at a time, and is advance parole multi-entry?

Thanks for the reply.

[Dan J 277]

AP is good for one entry. Green card will allow multiple.

I dont know how long you can be out of the country, but I dont think she should be out for more than a few weeks. Otherwise she may have trouble getting a green card. As a PR you can generally be out of the country for up to 6 months in a year and still keep your status. Though it may delay eligibilty for citizenship.

[Cassie 8]

you can apply to have a single entry or a multiple-entry AP -- I had a multiple-entry AP.

I have heard multiple answers to the "how long is too long to be out of the US" question, from a few weeks, up to a year. I have yet to hear a set in stone answer that can be attributed directly to USCIS. A customs agent can deem her as having abandoned her petition to become a permanent resident if they feel she has spent too much time out of the country.

I personally wouldn't stay outside of the US for anything longer than a month at a time, but that's my humble opinion.

You do have to weigh the following when considering working out of the US -- how will this look to an adjudicator when you go to the AOS interview and they evaluate whether or not you share a domicile and have an valid ongoing relationship. How will it look when your wife is working away from you in another country more than the amount of time she spends with you in the US (if that happens)?

the other thing is I am not sure that she will be able to work outside the US while going through the process of adjusting status here in the US -- someone else is going to have to pipe up on that one.

Edited June 4, 2007 by Cassie

[Nina+Matt 0]

do you have to pay extra for a multiple-entry AP or is it already included in the new fees that will count from july 30 on? how does it work to file for that kind of AP? im not at the point of filing for AOS/EAD/AP yet, just curious what lies ahead!

[KarenCee 3]

No, you don't pay extra because after 7/30 the AOS fee includes EAD and AP, but don't ignore what Cassie said about working outside the country while AOS is pending. You might want to rethink that. Depending on her work situation it may not be such a good idea to use AP for that. As Cassie said...just my humble opinion.

Edited June 4, 2007 by KarenCee

[gordec 0]

Thanks for all the replies. It's very helpful. My girlfriend wants to do journalism, and she will most likely go to China to cover the Olympics next summer as an intern. That's what we are concerned about. I guess we gonna go through with it. I feel this is a fairly valid reason for leaving the country.

[irishpete 0]

Thanks for all the replies. It's very helpful. My girlfriend wants to do journalism, and she will most likely go to China to cover the Olympics next summer as an intern. That's what we are concerned about. I guess we gonna go through with it. I feel this is a fairly valid reason for leaving the country.

If you have already applied for you 1-485 based on marriage to a US citizen you should receive your green card in 6-8 months. Then you wont have to worry about advanced parole.

[KarenCee 3]

Thanks for all the replies. It's very helpful. My girlfriend wants to do journalism, and she will most likely go to China to cover the Olympics next summer as an intern. That's what we are concerned about. I guess we gonna go through with it. I feel this is a fairly valid reason for leaving the country.

If you have already applied for you 1-485 based on marriage to a US citizen you should receive your green card in 6-8 months. Then you wont have to worry about advanced parole.

I'd be careful giving out stats like that. I know some couples who waited much longer than that for their green card. Some are still waiting and it's been nearly two years.

[Krikit 1,164]

My AP is multiple entry (I did not pay extra for that) and I have left the U.S. to work outside of the country. (The AP specifically allows issuance for bona fide business reasons.) I did read in another forum that you cannot be out of the country for any longer than one year but, as Cassie says, I would be wary of extended absences.

[evsenka 0]

you can apply to have a single entry or a multiple-entry AP -- I had a multiple-entry AP.

i would like to ask people to have already used the AP to reenter US:

in AP paper (I-512L) is stated that the named bearer of the AP is paroled into US "based upon urgent humanitarian reasons or significant public benefit".

does this mean that I should present any evidence of reasons for my travelling abroad?

thank you

[Krikit 1,164]

No, they do not ask for evidence of reasons for travelling abroad. All they do is re-admit you and give you a new I-94.

Edited June 12, 2007 by Krikit

[Yodrak 7]

Krikit,

Point of clarification: No, they do not re-admit you. They parole you in (hence that part of the name of the document). There is a difference between being admitted and being paroled in.

Yodrak

No, they do not ask for evidence of reasons for travelling abroad. All they do is re-admit you and give you a new I-94.

[Yodrak 7]

gordec,

There is no set amount of time that she can be out of the country. My wife made a 3-month visit to her country while waiting for her adjustment interview.

The advance parole can be either single-entry or multiple-entry, whichever you ask for.

Yodrak

Hi, I am currently discussing with my girlfriend to get her to the states. We have a basic idea of how everything works. We have 1 question regarding the advance parole during I-485 because she needs to leave the States for work during that time.

Our question is how long can she leave at a time, and is advance parole multi-entry?

Thanks for the reply.

[evsenka 0]

No, they do not ask for evidence of reasons for travelling abroad. All they do is re-admit you and give you a new I-94.

oh, thanks!

and it doesn't matter what country I was visiting?

they do not care whether I went to Russia to visit relatives or to Mexica for fun?

[Yodrak 7]

evsenka,

I wouldn't try going to the Aghanistan-Pakistan border area for paramilitary training. But in general, why you want to travel is your concern.

Yodrak

No, they do not ask for evidence of reasons for travelling abroad. All they do is re-admit you and give you a new I-94.

oh, thanks!

and it doesn't matter what country I was visiting?

they do not care whether I went to Russia to visit relatives or to Mexica for fun?