Advance Parole Approved BUT I have an Urgent Question.

[Lyro34 0]

Hi,

 

My wife has just been approved for EAD & Advanced Parole combo card. But I have questions before we make a trip to see her family in Indonesia.

My main concern is if she will be barred from entering the US.

 

She arrived on a k1 visa on December 14, 2019 and we got married within the 90 days. We got married in February 2020.

 

However, we did not file for adjustment of status until April 2022, we received our receipt notice April 25, 2022.

 

Can we safely travel with advance parole and pending AOS? Or will this count as visa overstay and she will be barred for 10 years?
 

[Allaboutwaiting 2,503]

As long as she carries the AP when entering the US, she is fine. 

[Mike E 11,739]

Is this trip an emergency?

[Timona 4,207]

Did they go back to issuing EAD/ AP combo card? 

[Lyro34 0]

1 hour ago, Allaboutwaiting said:

As long as she carries the AP when entering the US, she is fine. 

Okay, we are thinking of traveling this May but don't want to return to the border for her to be barred for 10 years, in which case I would assume the AOS would be denied as well? We are concerned because the 2 year gap before filing for AOS. 

 

1 hour ago, Mike E said:

Is this trip an emergency?

Yes, her 89 year old grandfather has been very ill lately and in and out of hospital, not very mobile, mainly in bed and need help to use bathroom, which is bed side as he cannot make it to the actual bathroom. He has Bronchopneumonia and also heart trouble recently (one of the main reason for hospital visits lately). So she wants to be able to see him again while she still can.

 

1 hour ago, Timona said:

Did they go back to issuing EAD/ AP combo card? 

I don't think so. I was expecting her to receive them separately but our approval notice said it will be a combo card and EAD and AP was approved. Also the AP case is now closed. So I guess we just got lucky.

[Mike E 11,739]

6 hours ago, Lyro34 said:

Yes, her 89 year old grandfather has been very ill lately

Then she should go. 
 

I have read fewer than 5 second hand claims that even after Arrabally (https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3748 (final).pdf - USCIS issued AP to I-485 applicant and then denied I-485, because of a trip after over stay, and the court said USCIS was wrong), that some CBP officers still illegally deny entry to the U.S. to people in your situation.
 

But I have read 10-100 times as many  more first hand claims of successful entry to AP holders who over stayed before filing I-485.

Edited March 30, 2023 by Mike E