Risks of Coming Back to US using Advance Parole

[huumm]

Here is my situation:
_ Came to US as F1 student
_ Working under Optional Practical Training (OPT) from 5/2006 - 5/2007
_ Married to USC 8/2006
_ Applied for 130, 485, EAD 9/2006
_ Interviewed OK 11/2006 .... now NAME CHECK
_ I have 2 EADs: 1 OPT EAD till 5/07 and the other from 485 (AOS) till 11/07
_ My I-20 expired on 5/2007, my I-94 taken by the IO at the interview ?

I would like to travel at the end of this year (12/2007) by applying AP
Couple of questions to ask you guys:

1. I've always maintained my status legally till 5/2007. What will happen after that (my OPT will expire 5/2007) ? Will I still be a student or what?

2. From 5/2007 to 12/07 will be my "overstayed" or it's legal ???

3. In general, what are the risks of a person waiting for GC going back to US using AP? Any cases that officers dont let the AP holders come back at the airport ????

Thanks

[dr_lha]

You've never been "out of status" because you filed for AOS before your OPT ran out. AP always carries some risk, but in your case I don't think you have anything to worry about.

Be sure to take all your receipts etc with you when you travel, so you can prove that you were never out of status, in case the question arises.

[GCWaitLA]

Originally Posted by dr_lha

You've never been "out of status" because you filed for AOS before your OPT ran out. AP always carries some risk, but in your case I don't think you have anything to worry about.

Be sure to take all your receipts etc with you when you travel, so you can prove that you were never out of status, in case the question arises.

I have travelled many time on AP without any issues ..., my name check is pending since 2003 ...same case as yours.. married to USC ...

[dcAndreas]

My situation is pretty much exactly the same as yours, and I just returned from travel outside the US on my AP on Monday. It was pretty painless. The only thing that really took a long time was the inspection process, as the AP document needs to be verified by the officers in a 'secondary inspection' (a total of about 2 hours from getting off the plane to being able to leave the airport). However, it seems that only happens the first time you use it. So make sure to give yourself enough time between connecting flights, if you need to transfer flights.

[huumm]

...sound like it's OK then....

When you applied for the AP, did you just put the reason "vacation" or made it more dramatic ??? I dont need AP to be approved ASAP as long as it will be approved.

Thanks

[dcAndreas]

I didn't give any reason, as the evidence of a pending AOS should be (and was) enough. (I made a longer reply to that somewhere else.) If you want to give one, I'd think 'vacation' should be fine, 'visiting family' might be more in line with the intention of AP though.