Advanced Parole with concurrent I-20 Status

[HappilyMarried 0]

I applied, and just received, my approved application for advanced pareole; I am still awaiting adjustment of status. Currently, I am in school and as such have a valid I-20, however, my F-1 visa has long since expired. If I leave the US with the advanced parole, do I still require a valid F-1 visa to reenter the US since my adjustment of status has not yet been approved? My wife and I would very much like to go on vacation in Europe but fear that in order to return to the US, I would have to return to South Africa to obtain a new F-1 visa. The guidelines in the law are not to clear in that it does dileneate whether the Advanced Parole substitutes as an entry visa or is the Advanced Parole just a document granting permission to leave the US while one's adjustment of status is being processed/reviewed? If anyone possibly knows the answer I would sincerely appreciate some feedback.

Thanks

HappilyMarried

[john_and_marlene 162]

I-20? What is that?

[Kez/JWolf 6]

If you have filed for AOS and you have your AP then you do not need anyother visa to re-enter the US... the AP is all you need along with a valid passport....

Your Status is no longer F1 your status is Adjustment Pending....

Kez

[john_and_marlene 162]

What was your status before filing for AOS? Did you overstay your visa? Have you accrued overstay days? If so, more than 180 days of overstay? Although any overstay days will be forgiven at the AOS due to marriage to a USC, they are not forgiven prior to that. If you have accrued 180 days or more of overstay and you leave the U.S. before completing the AOS you will not be permitted back in even with advance parole.

Edited September 5, 2007 by john_and_marlene

[HappilyMarried 0]

Thanks all for the feedback.

It turns out that if you use the Advance Parole to reenter the US after travel abroad you are entering the country as "Parolee" with application for adjustment of status pending and are no longer under the status of student. This is really important if anyone is in school and has began the process of adjusting for status, because, should the I-485 application be denied to you, and you have reentered the US using the Advance Parole, you no longer have the F-1/I-20 student status and can no longer attend school; very, very disconcerting if you are well into you degree program. Some Immigration Lawyers simply recommend that you do not use you advance parole until the adjustment of status has been approved, so that it does not impact on your studies within you degree program.

[Nancy2015 2]

Thanks all for the feedback.

It turns out that if you use the Advance Parole to reenter the US after travel abroad you are entering the country as "Parolee" with application for adjustment of status pending and are no longer under the status of student. This is really important if anyone is in school and has began the process of adjusting for status, because, should the I-485 application be denied to you, and you have reentered the US using the Advance Parole, you no longer have the F-1/I-20 student status and can no longer attend school; very, very disconcerting if you are well into you degree program. Some Immigration Lawyers simply recommend that you do not use you advance parole until the adjustment of status has been approved, so that it does not impact on your studies within you degree program.

This is very true, glad you found out!

You can travel with your AP without fear if you have never been out of status. The validity of your I-20 is not important any more.