I-131 Travel Document

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pachanga

Registered Users (C)
My wife and I are waiting for her advanced parole to visit Mexico on November 10, 2010. If we do not receive her AP by the end of October, is it possible to go to the local USCIS office to get AP? We put our travel plan in I-131 when we submitted it to USCIS.
 
emergency APs are usually designed for emergencies...
Has your wife ever been in the US without a status or illegally?
 
pachanga said:
My wife and I are waiting for her advanced parole to visit Mexico on November 10, 2010. If we do not receive her AP by the end of October, is it possible to go to the local USCIS office to get AP? We put our travel plan in I-131 when we submitted it to USCIS.
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If your wife has ever been in the US without a valid immigration status for an extended period of time, I would strongly counsel you against going to Mexico on this Advance Parole. It is possible that CBP could eat her alive upon return, creating an unpleasant situation for you two. Wait for her to have her green card in bank.
 
My wife has never been illegal in the US or any other country. She still has a valid B-2 visa with a valid I-94.
 
Follow up

My father has been granted Advanced Parole but his B-2 visa has expired 4 months ago, can he still leave for Mexico and return without a problem while the i485 is pending?
 
I had submitted for AOS before his visa expired, but they returned the packet because some of the forms were on previous versions. So wen the application was received by immigration his visa was actually expired. He has the i-94 permit that expires in December. Would this be a problem when he returns from Mexico?
 
What matters is the I-94 expiration, not the visa expiration. The visa expiration date is the last day to enter the US, but the I-94 expiration is the last day to leave the US.

With an unexpired I-94 at the time of filing for AOS, he won't have a problem returning with the AP (assuming there are no immigration violations or criminal issues in his past).
 
As long as AOS was applied within 180 days of the I-94 expiring, usage of AP should be fine.

Carlosppp said:
I had submitted for AOS before his visa expired, but they returned the packet because some of the forms were on previous versions. So wen the application was received by immigration his visa was actually expired. He has the i-94 permit that expires in December. Would this be a problem when he returns from Mexico?
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