Advance Parole and travelling on a cruise (split)

[Piyush S 0]

We have a pending AOS application but do have Adv payroll and EAD cards. Can we go on a cruise to Mexico? Do we require a visa and is there a chance that we may be denied reentry. 

On 8/13/2008 at 12:39 PM, pushbrk said:

It's safe to go on a cruise if there is no chance of an international port of call. For instance, I'd stay away from a cruise to Puerto Rico that might have to run to a safe port in another country. Hawaii should be safe but a cruise to Alaska that stops in Mexico or Canada won't work for you.

 

We have a pending AOS application but do have Adv payroll and EAD cards. Can we go on a cruise to Mexico? Do we require a visa and is there a chance that we may be denied reentry. 

[Piyush S 0]

On 2/13/2009 at 7:49 AM, punjabigirl01 said:

Definitely! My husband and I went in Dec '07 on a Hawaii cruise, I was really worried ahead of time, but they said you are not going into any International port of call, so they only checked his Drivers license. I was worried the whole time, but when we entered the ship, all worries were gone!!! I spoke to someone at the honolulu port before departing. Just go...there are no restrictions. About alaska, i'm not sure, especially if you visit a Canandian port of call. Have fun, and make sure you get a balcony room

And u also dont need AP before going, as my husband didnt have it.

Both my wife have Adv parole and our AOS is pending. We are planning to take Mexico reivera cruise. Do we need visa for Mexico. And what are the changes we won't be allowed back into US. Any idea.

[Ontarkie 14,115]

~~Two posts split off of a Zombie thread.~~

[OldUser 5,855]

1 hour ago, Piyush S said:

We have a pending AOS application but do have Adv payroll and EAD cards. Can we go on a cruise to Mexico? Do we require a visa and is there a chance that we may be denied reentry. 

Your entry to Mexico depends on passport. If passport requires visa, you need to get visa first.

 

Based on the name, I made an assumption you're a Indian national. Indian passport does not grant visa free travel to Mexico, so visa is needed to enter Mexico.

 

Advance parole generally allows reentry to the US while I-485 is pending. 

 

Edited July 8 by OldUser

[JeanneAdil 6,398]

its reecntry to USA that is the issue

from CBP site

 

https://cbpcomplaints.cbp.gov/s/article/Article1378?language=en_US#:~:text=If you are not a,cruise%2C closed loop or not.

 

If you are not a U.S. citizen or an LPR, you will need a passport and/or the appropriate documentation based on the status you are seeking in the United States for any type of cruise, closed loop or not. If you are traveling under the Visa Waiver Program (VWP), your I-94W (immigration stamp) that you were issued when you first entered the United States can be used for reentering the United States at the end of your cruise - as long as the cruise ends before your 90 day admission period has expired and you did not travel beyond adjacent islands or contiguous territory, and you were not outside the United States for more than 30 days. If the cruise takes you beyond that 90-day admission period, you will have to apply for a new admission, and you will have to convince the CBP Officer that you were not taking the cruise to circumvent the 90-day limit for VWP travelers.

[pushbrk 12,542]

3 hours ago, Piyush S said:

We have a pending AOS application but do have Adv payroll and EAD cards. Can we go on a cruise to Mexico? Do we require a visa and is there a chance that we may be denied reentry. 

 

We have a pending AOS application but do have Adv payroll and EAD cards. Can we go on a cruise to Mexico? Do we require a visa and is there a chance that we may be denied reentry. 

The US Citizen does not need a visa to enter Mexico.  Since the immigrant does not have a green card yet, but only EAD/AP, they would want to check further about whether they need a visa to enter Mexico, but there should be no problem re-entering the USA.  That's what AP is for.  For certain a "cruise to Mexico" can be taken without entering Mexico.

[Demise 1,214]

16 hours ago, JeanneAdil said:

its reecntry to USA that is the issue

from CBP site

 

https://cbpcomplaints.cbp.gov/s/article/Article1378?language=en_US#:~:text=If you are not a,cruise%2C closed loop or not.

 

If you are not a U.S. citizen or an LPR, you will need a passport and/or the appropriate documentation based on the status you are seeking in the United States for any type of cruise, closed loop or not. If you are traveling under the Visa Waiver Program (VWP), your I-94W (immigration stamp) that you were issued when you first entered the United States can be used for reentering the United States at the end of your cruise - as long as the cruise ends before your 90 day admission period has expired and you did not travel beyond adjacent islands or contiguous territory, and you were not outside the United States for more than 30 days. If the cruise takes you beyond that 90-day admission period, you will have to apply for a new admission, and you will have to convince the CBP Officer that you were not taking the cruise to circumvent the 90-day limit for VWP travelers.

Bolded is the only part that really matters since this wouldn't be a travel under VWP, so passport + AP should be enough to seek re-entry into US.

 

That being said, is there chance that you get denied - sure, unlikely but it does exist. Of note is that coming back on AP tends to trigger secondary inspection where they will make you sit at an office until they clear your AP with USCIS. Personally I'd save yourself the anxiety and just wait until you have your green card in hand.