Advance Parole and I-94 departure card

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aga1793

Registered Users (C)
I have a question. When you travel on a Advance parole and re-enter the US; Is the immigration office supposed to just stamp your advance parole, or also give you a I-94 arrival/departure card?
 
AP get stamped for another one year in port of entry.

Hello,

My wife recently came from India using Advance Parole, this parole actual expiration date May 13th 2009. But in port of entry they put stamp for another one year until April 25th 2010. Here my question was can she use same AP for next time or do I need to apply for another one. Normally we do get AP for one year but why did they get stamped for another year?
Does anyone has same situation please let me know.

Thanks in advance.
 
Look at it this way:

1- As long as your AOS application is pending, the "Airport stamp" on your AP document is meaningless and can be safely ignored.

2- You can travel with the same AP during the validity period of the AP document itself (i.e. you must return before May 13 2009). The airport stamp is just a routine 1-year stamp but doesn't affect your lawful presence in the US as long as your AOS is properly filed and pending. The airport stamp also does not extend the validity of your AP document, you must apply for a new one if you intend to travel after May 13, 2009.
 
Thank you JK0274. I appreciated your honesty reply.


jk0274 said:
Look at it this way:

1- As long as your AOS application is pending, the "Airport stamp" on your AP document is meaningless and can be safely ignored.

2- You can travel with the same AP during the validity period of the AP document itself (i.e. you must return before May 13 2009). The airport stamp is just a routine 1-year stamp but doesn't affect your lawful presence in the US as long as your AOS is properly filed and pending. The airport stamp also does not extend the validity of your AP document, you must apply for a new one if you intend to travel after May 13, 2009.
Click to expand...
 
Need help asap!!!

Hi, any advice anyone can give me would be greatly appreciated.
I entered the US on a J1 visa in 2007 and it expired Oct 1st 2008. I have a i94 in my passport which also expired Oct 2008.
I got married Oct 2nd 2008 and filed for 485 Dec 17th.
I now need to travel at the end of this month, I have received AP and will use this to travel. I applied for a new passport with the British Embassy, so I would have a passport in my married name. I have received my new passport. So now I have my old passport which carries my expired i94.
When I travel, do I need to carry the old passport as it has the I94 in it?! Will this be ok to do? I have read too many horror stories about being banned etc..... I am also worried because my visa ran out in October and we filed in December, is this considered an overstay!?

Please help! I dont want to travel if it means I will be banned?!!??!?
 
There is a 3-year ban if you accumulate over 180 days of unlawful presence. There is a 10-year ban if you accumulate over 365 days of unlawful presence.

However, that said, determining "unlawful presence" isn't always as straightforward when it comes to most F / J visas. Question: Does your I-94 have an actual date on it (was this an au pair visa)?? Or was it designated "D/S"??

Whatever the case, it is difficult for me to see how you have accumulated enough days of unlawful presence to trigger any ban, so you should be okay.

You can carry your old passport with you as evidence of previous US entry if asked, but as for the I-94 card itself, you are allowed to remove the staple yourself and just carry the card by itself (i.e. hand it over by itself) or just jut it into your new passport - you don't have to leave it in your old one if you don't need to show your old passport to anybody. Just don't lose the card if you detach it.
 
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