Travel document

[HRQX 4,145]

On 7/3/2021 at 11:36 AM, Jill Mackie said:

If I decide to apply for the documents, do I need to complete Part 7 ?

Since you are an Adjustment applicant an explanation is not required. In the instructions section pay attention to the "and", "or", etc. So the relevant info reads as: "If you are in the United States, you must attach: (1) A copy of any document issued to you by USCIS showing your present status, if any, in the United States; and ... (3) If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application;"

• Note that the (2) line ended in "; or"
• For (3) line purposes filing everything (e.g. I-485, I-130, I-131, and I-765) concurrently is sufficient.

https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf Page 9

 

Also for I-131 dates not needed. Put "TBD" for the Date of the trip. You might need to handwrite "TBD" in that field if the PDF editor doesn't let you.

 

And select the box for Multiple trips.

On 7/3/2021 at 12:07 PM, Jill Mackie said:

WARNING: The document does not entitle you to be paroled into the United States; a separate discretionary decision on a request for parole will be made when you arrive at a port-of-entry upon your return

Although entry is not guaranteed, AP travel is still very low risk. I recently used my AP 7 weeks ago at Miami International Airport. The circumstances of my previous US entry (i.e. an illegal entry; "Entry Without Inspection") was not questioned at all. A recently issued NOID (w/ 04/29 date on the notice) for my I-485 was brought up by the CBP secondary inspection area officer but I was also carrying the specific document that will help me succinctly respond to USCIS' concerns listed on the NOID. If you have a connecting domestic flight you should allot enough time to make the connection. I almost missed my connection to San Francisco.

On 7/3/2021 at 12:05 PM, Jill Mackie said:

Well here it is 

https://www.ksl.com/article/50192821/woman-living-legally-in-utah-on-work-visa-denied-reentry-to-us

That woman was traveling with a TN nonimmigrant visa which is totally different than traveling with AP.

[Jill Mackie 76]

4 hours ago, HRQX said:

Since you are an Adjustment applicant an explanation is not required. In the instructions section pay attention to the "and", "or", etc. So the relevant info reads as: "If you are in the United States, you must attach: (1) A copy of any document issued to you by USCIS showing your present status, if any, in the United States; and ... (3) If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application;"

• Note that the (2) line ended in "; or"
• For (3) line purposes filing everything (e.g. I-485, I-130, I-131, and I-765) concurrently is sufficient.

https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf Page 9

 

Also for I-131 dates not needed. Put "TBD" for the Date of the trip. You might need to handwrite "TBD" in that field if the PDF editor doesn't let you.

 

And select the box for Multiple trips.

Although entry is not guaranteed, AP travel is still very low risk. I recently used my AP 7 weeks ago at Miami International Airport. The circumstances of my previous US entry (i.e. an illegal entry; "Entry Without Inspection") was not questioned at all. A recently issued NOID (w/ 04/29 date on the notice) for my I-485 was brought up by the CBP secondary inspection area officer but I was also carrying the specific document that will help me succinctly respond to USCIS' concerns listed on the NOID. If you have a connecting domestic flight you should allot enough time to make the connection. I almost missed my connection to San Francisco.

That woman was traveling with a TN nonimmigrant visa which is totally different than traveling with AP.

Thank you , this immigration thing is very confusing to me. I appreciate all the help 

[wagecuck3 31]

As far as I know, the "separate discretionary decision on a request for parole" language on the I-131 is actually not true. DHS does have discretionary authority over parole; but USCIS, CBP, and ICE (as agencies within DHS) have divvied up that discretionary authority between them. Requests for parole that are within the purview of one agency are generally not relitigated by the other agencies.

 

Now, it is true that, theoretically, CBP can deny entry when a traveller presents a valid AP document, but as others have pointed out here, there are no known cases of this actually happening. If it were to happen, it would have to be because of a change in circumstances or new information discovered, which drastically affect the applicant's eligibility for adjustment of status: for example, the person was convicted of a serious crime after filing for AOS but before arriving at the port of entry.

 

If an AOS applicant is eligible for adjustment despite a past overstay (e.g., immediate relative of US citizen) then they can travel on AP without worrying about the overstay, because according to BIA precedent, an AOS applicant who leaves the US while holding a valid AP document does not trigger the unlawful presence bars. The applicant remains eligible for adjustment and there is no reason to deny parole.