I was on my H1-B and am currently working, I am applying for green card through marriage. I have turned in everything needed to local INS. I was told that it will be a long process, so I also turned in the advance parole application the same day, since I want to go to China in Oct/Nov. If the advance parole is granted, do I still need to go to the American embassy in China to get a visa to be able to come back? Or passport and the advance parole will be enough? Thanks in advance!
advance parole question
- Thread starter anne_cyzy
- Start date
TxGreenCard
Registered Users (C)
To my understanding, you'll need both AP and EAD to enter US. After that, your status will be changed to adjustment other than H-1.
Thanks TxGreenCard! EAD is the working authorization (I-765) right? I do have it. I got it the same day I turned in my applications. I had my H1-B working permit prior to that, now I have the working permit based on my pending permanent resident status. So I should be fine to enter the US with the advance parole only (do I still need a visa from the American Embassy)?
I am asking this because I am very confused. The officer at the local INS office told me that even with AP, I need to go apply for a visa from the American Embassy in China; but when I called the 800 number of INS, the information officer told me, I only need AP, since that is the travel permit. When I asked my company lawyer the same question, she only told me that AP is the travel permit, but didn't mention if I still need a visa.
I hope somebody out there who actually had the experience of travelling outside the US with AP could help me with this! I would really appreciate it if somebody could answer my question! Thanks a bunch in advance!
I am asking this because I am very confused. The officer at the local INS office told me that even with AP, I need to go apply for a visa from the American Embassy in China; but when I called the 800 number of INS, the information officer told me, I only need AP, since that is the travel permit. When I asked my company lawyer the same question, she only told me that AP is the travel permit, but didn't mention if I still need a visa.
I hope somebody out there who actually had the experience of travelling outside the US with AP could help me with this! I would really appreciate it if somebody could answer my question! Thanks a bunch in advance!
Last edited by a moderator:
anne_cyzy:
I think you DO NOT need a visa from the American Embassy when you come back USA from CHINA. AP is the travel permit, a replacement of the visa.
You could bring your I-485 receipt and EAD with you just in case. I went to China and came back USA in last January. The customs officer just checked my AP and asked several questions.
I think you DO NOT need a visa from the American Embassy when you come back USA from CHINA. AP is the travel permit, a replacement of the visa.
You could bring your I-485 receipt and EAD with you just in case. I went to China and came back USA in last January. The customs officer just checked my AP and asked several questions.
Wish you have a good travel in China.
When you come back USA, the custom officer may ask you a question like "how do you get the immigration status?". You should answer "through marriage". I could not understand that question at that moment and it made me very nervous. Since I applied AP based on employment, I am not sure if you should bring your marriage certificate or something like that.
When you come back USA, the custom officer may ask you a question like "how do you get the immigration status?". You should answer "through marriage". I could not understand that question at that moment and it made me very nervous. Since I applied AP based on employment, I am not sure if you should bring your marriage certificate or something like that.