Advance Parole Travel

[fjbarraza24 1]

Hello all!

 

I have a question with traveling while on Advance Parole. I'm a Mexican National applying for Adjustment of Status after marrying a US Citizen last year. I've been in the US for almost 13 non-consecutive years as a student (undergrad, and two graduate degrees (I'm from the border, so that is not uncommon)). When I started applying, I talked to a lawyer who suggested that I do the process myself to avoid paying lawyer fees, so I did. He gave me a detailed set of instructions to apply for I-130, I-485, I-765 and I-131 myself. I recently received my EAD/AP combo card and when talking to the lawyer to confirm what they were, he suggested that I wait until I get my actual GC to travel, even though the Advance Parole was approved by USCIS. I was wondering if anyone else was told the same.

 

I have to stress that the lawyer does not represent me, nor does he have my file, as I did the whole packet myself. I got in contact with him through someone else. Nonetheless, I appreciate his help and advice throughout this whole process.

 

Thanks in advance to everyone that answers my question.

[Crazy Cat 41,010]

I'm not sure why some attorneys suggest waiting. The sole purpose of the AP document is to allow you to return to the US.  Many, many people travel with AP every day. 

***Moved to Working and Traveling during US Immigration****

[NorthByNorthwest 287]

1 hour ago, fjbarraza24 said:

 I recently received my EAD/AP combo card and when talking to the lawyer to confirm what they were, he suggested that I wait until I get my actual GC to travel, even though the Advance Parole was approved by USCIS. I was wondering if anyone else was told the same.

 

I traveled many times on AP for work, no issues. The only downside was that I had to go through secondary screening every single time which took a fair amount of time, especially at land borders.

 

As long as you're only out of the country for short periods you'll be perfectly fine, you just want to make sure you don't miss biometrics or interviews and respond to RFEs in a timely fashion. Personally I wouldn't stay out of the country on AP for longer than a week or two.

[OldUser 5,855]

2 hours ago, Crazy Cat said:

I'm not sure why some attorneys suggest waiting. The sole purpose of the AP document is to allow you to return to the US.  Many, many people travel with AP every day. 

***Moved to Working and Traveling during US Immigration****

Attorneys always suggest the safest approach.

 

If I understand correctly, if somebody's I-485 is denied while they're out of the US, they'd have to council process. In addition, any time they waited in the US solely on I-485 and didn't have any other status, they'd accrue unlawful presence. 

 

Given OPs long history in the US, there's also always a chance a CBP in bad mood can treat such returning alien poorly.

 

Once OP gets GC, they're in much better place.

 

No travel = 100% no issue

Travel = Some chance of issue

 

Given OP already spent 13 years in the US continuously, spending another 6-12 months until GC in hand doesn't seem out of place.

 

[fjbarraza24 1]

8 minutes ago, OldUser said:

Attorneys always suggest the safest approach.

 

If I understand correctly, if somebody's I-485 is denied while they're out of the US, they'd have to council process. In addition, any time they waited in the US solely on I-485 and didn't have any other status, they'd accrue unlawful presence. 

 

Given OPs long history in the US, there's also always a chance a CBP in bad mood can treat such returning alien poorly.

 

Once OP gets GC, they're in much better place.

 

No travel = 100% no issue

Travel = Some chance of issue

 

Given OP already spent 13 years in the US continuously, spending another 6-12 months until GC in hand doesn't seem out of place.

 

Thanks for the answer. I have not been in the US 13 years continuously. As I said before, I'm from the border. I had a BCC visa for my entire life up until I had an F-1 visa. I then spent 5 and a half years with an F-3 visa (it's a border commuter student visa), then came back with an F-1 visa at the same university as a master's student for 3 years (the program was designed for 3 years). Now I have been doing my PhD (different university) for another 5 years with another F-1 visa. I'm still an F-1 visa holder. I'm also used to crossing the border daily, as I did so for my undergrad, and I wanted to use the Advance Parole to visit family for maybe 10 days.

 

I hope that helps clarify the situation.

 

Thanks again!

[OldUser 5,855]

3 minutes ago, fjbarraza24 said:

Thanks for the answer. I have not been in the US 13 years continuously. As I said before, I'm from the border. I had a BCC visa for my entire life up until I had an F-1 visa. I then spent 5 and a half years with an F-3 visa (it's a border commuter student visa), then came back with an F-1 visa at the same university as a master's student for 3 years (the program was designed for 3 years). Now I have been doing my PhD (different university) for another 5 years with another F-1 visa. I'm still an F-1 visa holder. I'm also used to crossing the border daily, as I did so for my undergrad, and I wanted to use the Advance Parole to visit family for maybe 10 days.

 

I hope that helps clarify the situation.

 

Thanks again!

I think you should be fine travelling, but nobody can give you 100% guarantee it will be smooth. Especially lawyers because their reputation is on the line.