I-131 Travel Document instructions

[ania @ nate 0]

Hey everyone,

We are just going through those piles of papers to finally file for AOS and we were wondering: do I really need AP in order to travel abroad prior to getting my GC?

This is what the instructions for I-131 say:

NOTE: If you are in the United States (I am) and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in numbers 1 and 2 are met:

A. You are in one of the following non immigrant categories:

1. An H-1, temporary worker, or H-4, spouse or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse (I am), or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf (It will be tomorrow) and is pending with the USCIS (will be by the time I want to travel).

However, upon returning to the United States, you must present your valid H, L, K or V non immigrant visa and continue to remain eligible for that status.

So? What do you think? It looks like I don't have to apply for anything, and yet everyone does I don't have any particular reason to go, just want to visit Poland. These instructions are confusing

Thanks,

Ania

Edited October 28, 2007 by ania @ nate

[RosemarieL 0]

Hey everyone,

We are just going through those piles of papers to finally file for AOS and we were wondering: do I really need AP in order to travel abroad prior to getting my GC?

This is what the instructions for I-131 say:

NOTE: If you are in the United States (I am) and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in numbers 1 and 2 are met:

A. You are in one of the following non immigrant categories:

1. An H-1, temporary worker, or H-4, spouse or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse (I am), or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf (It will be tomorrow) and is pending with the USCIS (will be by the time I want to travel).

However, upon returning to the United States, you must present your valid H, L, K or V non immigrant visa and continue to remain eligible for that status.

So? What do you think? It looks like I don't have to apply for anything, and yet everyone does I don't have any particular reason to go, just want to visit Poland. These instructions are confusing

Thanks,

Ania

According to the post you quote above AP is needed except for items 1 and 2 (which are:-

1. An H-1, temporary worker, or H-4, spouse or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1;).

Since you are item 3 (A K-3, spouse (I am), or K-4, child of a U.S. citizen) you will need AP.

Edited October 28, 2007 by RosemarieL

[ania @ nate 0]

Hey everyone,

We are just going through those piles of papers to finally file for AOS and we were wondering: do I really need AP in order to travel abroad prior to getting my GC?

This is what the instructions for I-131 say:

NOTE: If you are in the United States (I am) and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in numbers 1 and 2 are met:

A. You are in one of the following non immigrant categories:

1. An H-1, temporary worker, or H-4, spouse or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse (I am), or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf (It will be tomorrow) and is pending with the USCIS (will be by the time I want to travel).

However, upon returning to the United States, you must present your valid H, L, K or V non immigrant visa and continue to remain eligible for that status.

So? What do you think? It looks like I don't have to apply for anything, and yet everyone does I don't have any particular reason to go, just want to visit Poland. These instructions are confusing

Thanks,

Ania

According to the post you quote above AP is needed except for items 1 and 2 (which are:-

1. An H-1, temporary worker, or H-4, spouse or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1;).

Since you are item 3 (A K-3, spouse (I am), or K-4, child of a U.S. citizen) you will need AP.

Thanks for the quick response.

See, that's even more confusing now - i just thought by saying 1 and 2 they meant A and B... Hmm.. why would they list all the other cases when all they want to indicate is that 1 and 2 don't have to apply for AP? Anyways, I filled out the form.

Edited October 28, 2007 by ania @ nate

[ania @ nate 0]

Also... does it mean that I would have to be both, for example a spouse of somebody with L1 visa, and a temporary worker with H1, to be able to travel w/o AP? For me it just doesn't really make sense that they would put section B there... what for? What part of the sentence would it refer to? I'm probably just reading too much into it. As always

Thanks anyway !

Ania

PS Especially if they say at the end: "However, upon returning to the United States, you must present your valid H, L, K or V non immigrant visa and continue to remain eligible for that status."

Edited October 29, 2007 by ania @ nate

[~Nini~ 2]

My presumption was that a K3 visa is multiple-entry, therefore an AP wasn't needed.

I think the OP's original assumption was correct and the application was referring to "number 1 and 2" as "A & B".

[angeljan 0]

My husband came over on a K3 visa and we were also told that it was a multiple-entry and that we didn't need to apply for AP.