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Questions about Advance Parole (I-512)

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by effietiny, Jan 9, 2014.

  1. effietiny

    effietiny Registered Users (C)

    I was told that you need to get Advance Parole if you want to leave the US during your green card application, because if you leave the US without it your i-485 application will be considered abandoned. So I was wondering when during the green card application progress can you apply for Advance Parole? Is it after the completion of the biometrics appointment?

    Has anyone applied for AP before? What is the process like and how long did it take?

    ps. I'm currently on H4 status, if that makes a difference.

    Thanks you advance.
     
    Last edited by a moderator: Jan 9, 2014
  2. newacct

    newacct Well-Known Member

    Leave the U.S. will automatically abandon your I-485 unless you have an Advance Parole, or are in H1b, L1, or K3/4 status or their dependents.
    https://help.cbp.gov/app/answers/detail/a_id/991

    Since you are in H4 status, i.e. the dependent of someone on H1b status, you will not abandon your I-485 if you leave the U.S., even without advance parole.

    However, you can choose to apply for it anyway. Applying for an EAD and/or an Advance Parole is free for an I-485 applicant. (If you apply for both EAD and AP they come on the same card.) You can apply for EAD/AP at the same time as, or after, you apply for I-485. It makes the most sense to apply for it together with the I-485.

    Since it's free, and you don't have to use it if you get it, there is no harm in applying for it. But it could be useful just in case. e.g. if something unexpected happens and you lose your H4 status and you urgently need to go somewhere. It may be too late to apply for it then. If you have both H4 visa and Advance Parole, it's your choice which one to use to enter the U.S.
     
  3. Jackolantern

    Jackolantern Registered Users (C)

    File form I-131 along with the I-485 application. Or if the I-485 has already been filed, file the I-131 with a copy of the I-485 receipt.

    Advance Parole approval normally takes 2 to 3 months.
     
  4. Triple Citizen

    Triple Citizen Registered Users (C)

    If you still have a valid H-4 visa and your spouse still has valid H-1B status, you really do not need an AP document. You can leave and re-enter the US using that visa and your AOS will not be considered abandoned.

     

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