Advance Parole in renewal during travel.

H

hgc

Registered Users (C)
I have a question about Advance Parole.

My wife is working on EAD and she has valid travel documents expiring on April’2004.


She is traveling in month of Feb for a week. Also, I filed for her travel document renewal on RD/ND 18th November,2003.

My question is:

1. Is it okay for her to travel on Advance Parole while her Advance Parole is Pending for Approval?
2. Is there any risk that if her travel documents get approved during her absence?


My first question is more crucial than second one as the for Advance Parole approval will take few more months after she comes back based on current approval time in Texas Service Center.

Please advice.
 
No Problem

She has valid travel document until April03, if she is coming back before that, then no problem.

New AP may take couple months to get approved. I don't see any problem if that gets approved while she is India.
 
really?

Somewhere in post I read that you should be present in USA all time when you AP is pending even though you have valid AP with you.
 
hgc,

There may a risk to leave US on AP while you have another pending AP with USCIS. Please search and read all poongunranar's in-depth coverage about this topic in this forum.
 
Important Articles on the Subject

http://www.jackson-hertogs.com/jh/memos/8000.htm -- This is a memo of INS. Even though it talks about other things, it really doesn't clearly clarify regarding the requirement of presence within the US, when the case is taken for adjudication. It certainly says, that one can go out and come, when a petition is pending. However, if the file is taken for adjudication, would an absence qualify as abandonment is certainly not redressed. ("If the advance parole is pending at the time of departure, you must have either an existing valid advance parole or visa to return to the U.S."). Also please note, that I am not aware of any recent INS memo that may have altered some of the provisos of this document.

OK, here is another important link of interest. Here, the question exactly discusses about our dilemma. It is right on target! However, it is a shame, that the answer is given in a wishy-washy way. And there lies our problem -- nobody wants to clearly discuss the problem at hand. They either, try to give an easy answer by answering adjunct issues/questions, but missing the crux of our questions. Sad, but, true! http://www.immigration.com/newsletter1/serop082903.html
 
try this

Thanks a lot everyone.

poongunranar

Thanks a lot for the information. The article talks a lot but not what I am looking for.

I called US Immigration Officer at Border 360 332 8511. And explained my situation. He said that should not affect your adjudication process and it is okay to file for renewal and leave and come back as long as you have valid Advance parole.

Call them and ask more quesitons.
 
I have travelled more than 30 times since my AP renewal has been pending...no one has asked if I have applied to renew my AP, as long as my AP that I am travelling on is valid and unexpired.
 
poongunranar:

From the Memo:

@ http://www.jackson-hertogs.com/jh/memos/8000.htm


"If the advance parole is pending at the time of departure, you must have either an existing valid advance parole or visa to return to the U.S."

Also, I talked to my attorney, he said as long you have valid advance parole during your exit and entry back to USA, you should be fine. Also, in between the travel, if the other AP gets approved, you are still fine as long as you use the first AP to get into the country.

What do you say?
 
Originally posted by hgc
What do you say?
Click to expand...
Friend, as I have clearly said at umpteen number of places, I am not questioning the re-entry part of the AP. If you have a valid visa/AP, you can return. Period.

Rather, my question from Day 1, is based clearly on Section 212.5 of legacy INS Operations manual that talks from the adjudication point of view. At the time of adjudication, can an AP be deemed abandoned and all subsequent petitions thereof, if it is determined that the beneficiary is overseas? That is the question. In fact, in one of the links I have posted, they have raised the exact darn question. Again, the answer is wishy-washy.

Many of you would have travelled back and forth hundreds of times with APs. No question regarding that at all, as long as you had a valid travel document (H1/AP,etc.). Also some of you would have got approved in absentia. Now, as per INS statutes, what would happen if a denial is ordered as per the books? Can an Attorney defend this by saying the beneficiary travelled on a valid AP and that his stay is not required for AP renewal? Can some Attorney peremptorily cite the INA rules to contend that? I am just not seeing that. I am also not seeing an INS memo which would clarify its own rules. The rules are clear: at the time of adjudication if the beneficiary is overseas, it constitutes a case of abandonment.

And please do bear in mind, that nobody has refuted that so far. It is there in the books and it is certainly possible for an adjudicating officer to fall upon that statute. Now, if that is wrong, why are we not seeing answers to this precise nagging question?

My two cents :)
 
:)

I think it is difficult to get out of immigration-law circle. So the better alternative is to hold all your travels.

I understand your point as well.

Thanks for the detailed analysis!
 
hgc, I think your wife is fine to travel because she is holding a valid AP, I talked to attorney regard this and she confirm that it will be fine to back with the valid AP before the expiring.

However, she did not know if it is ok or how risky it can be at POE if the new AP be used in the future. Did you ask this when you call the INS officer?
 
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