Advanced Parole

T

tingoat999

Registered Users (C)
Hi,
I am from Phoenix, AZ. I applied for Advanced Parole on August 7th. I am planning to go to India around Dec24th. I am not sure if I can get my parole by that time. If I buy my ticket will they grant me an advanced parole at the local office as I have international tickets in my hand. I am not sure what to do.I am planning to go to the local INS on Monday and ask them.

If any one has any experience with the local INS in Phoenix, please let me know.


Thanks
Ratna
 
It is probable that the Advance Parole will not come through in time for your visit.

You can only get an emergency Advance Parole for death or serious illness. So tickets in hand sadly won't impress them.
 
True! Use H1 if you have not worked on EAD, or postpone your trip. I doubt you will see approvals before Jan/Feb, if then.

Getting an AP these days is extremely iffy at best! Having plane tickets is not going to impress the IIO!
 
I had the same situation last year, I faxed a query to INS office and pleaded my case saying that my tickets have been bought and cancellation would incur huge losses.

My case was slightly different, I had an approved AP but the notice was not mailed out due to some strange reasons. My AP was approved on Aug 28 2002 and I finally received the notice on Oct 27th 2002.

Keep on faxing a request everyday to BCIS and who knows they might answer your prayers.

best of luck ...

7714
 
Do NOT leave country until AP approved..

The notion is completely wrong that you can use your H1 to leave the country when your AP is pending. Once you leave the country without approved AP, your AOS is considered abandoned! PERIOD!! EAD has NOTHING to do with your exit or re-entry status. EAD just gives u the priviledge to work without prior authorization.... which is a part and parcel of filing for 485.

Consult your attorney before you leave the country!!
 
Hi,
I went to the local INS in Phoenix about my Adavanced Parole problem. They said if it has been pending for more than 4 months they said I can get my receipt and claim the advanced parole document from the local INS office.

I was not surprised because I did not get my EAD in 3 months so went to the local INS to collect my interim EAD. They gave me a printed materials which said to avoid problems file EAD atleast 3 months in advance and advanced parole atleast 4 months in advance.

I filed on August 7th so will go to the INS on DEc 7th to collect my document. I will post soon after I get my advanced parole.


Thanks for all your help
 
Is this 4 month pending AP, a new rule? Is that Phoenix specific or CSC wide?

The 3 month i-EAD has been there for a while now but this 4 month i-AP is something I have never heard of.

Anyone in Bay Area tried this?
 
H1B

Course you can use an H1B or L1 visa to leave the country and return without abandoning your AOS. This is of course dependent on not having invalidating the visa by using your AOS based EAD.

140_takes_4ever is quite correct and tiklebit is quite wrong. The reason I know is I researched this and have already done so with no ill effects. It is all on the USCIS website...

http://uscis.gov/graphics/publicaffairs/advisories/advisory.htm

or

http://uscis.gov/graphics/services/emergency/index.htm#Advanced

For those to lazy to click...


Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.
 
I will go the local INS in phoenix next week and see if there is any different opinion from the officer who sits at the desk.

Will let you all know.
 
Hello,
I need to apply for renewal of my AP,
would you please let me know the mailing address
for applying the same at CSC,

Thanks
 
Explain this buddy... if you have done a loda reserach!!

!!!
Course you can use an H1B or L1 visa to leave the country and return without abandoning your AOS. This is of course dependent on not having invalidating the visa by using your AOS based EAD.
Click to expand...

Hey, if you have done some reasearch buddy, explain this...

http://www.immigration.com/newsletter1/uscisreminderstravlers.html

Read this para CAREFULLY!!!

Travel outside of the United States without advance parole may have severe consequences for certain immigrants who are in the process of adjusting their status. Such immigrants may be unable to return to the United States and their applications may be denied.

NOWHERE does it say that EAD has anythinq to do with your AOS!!!

Forum experts giving out wrong info? tch tch!!

140_takes_4ever and Exile_2001 - you are wrong and tiklebit is VERY right!!!!!
 
Explain this buddy... if you have done a loda reserach!!

!!!
Course you can use an H1B or L1 visa to leave the country and return without abandoning your AOS. This is of course dependent on not having invalidating the visa by using your AOS based EAD.
Click to expand...

Hey, if you have done some reasearch buddy, explain this...

http://www.immigration.com/newsletter1/uscisreminderstravlers.html

Read this para CAREFULLY!!!

Travel outside of the United States without advance parole may have severe consequences for certain immigrants who are in the process of adjusting their status. Such immigrants may be unable to return to the United States and their applications may be denied.

NOWHERE does it say that EAD has anythinq to do with your AOS!!!

Forum experts giving out wrong info? tch tch!!

140_takes_4ever and Exile_2001 - you are wrong and tiklebit is VERY right!!!!!
 
Re: Explain this buddy... if you have done a loda reserach!!

Originally posted by tiklebit
Travel outside of the United States without advance parole may have severe consequences for certain immigrants who are in the process of adjusting their status. Such immigrants may be unable to return to the United States and their applications may be denied.

NOWHERE does it say that EAD has anythinq to do with your AOS!!!

140_takes_4ever and Exile_2001 - you are wrong and tiklebit is VERY right!!!!!
Click to expand...

I've re-entered the US multiple times with only my H-1. I don't have AP anymore; couldn't be bothered. Never had a single problem. In fact, if you're visa-exempt like me, you don't even need a passport stamp.

Please note that your quoted statement uses the word "MAY". That's a very important distinction. If you don't get an H or L, then you will have a problem. If you do have an H or an L, there's no problem at all.
 
Re: Do NOT leave country until AP approved..

http://www.immigration.com/faq/advanceparole.html

Q2: Who needs Advance Parole?

A2: Aliens in the United States who have an emergent personal or bona fide reason to travel temporarily abroad and who have:
An application for adjustment of status pending;
Been granted benefits under the Family Unity Program;
Been granted Temporary Protected Status; or
An asylum application pending.

Note: Aliens holding valid H-1 (temporary worker in a specialty occupation) or L-1 (intra-company transferee) visas and their dependants who have filed for adjustment of status do not have to file for Advance Parole as long as they maintain their non-immigrant status.

By the way tiklebit, you are wrong even here

Originally posted by tiklebit
EAD just gives u the priviledge to work without prior authorization.... which is a part and parcel of filing for 485.
[/B]
Click to expand...

EAD is not a part and parcel of filing for 485. One may file I485 without applying for EAD.
 
Tiklebit

Read the asterisked parts - this is from the USCIS website.

I got a letter from my attorneys way back stating the same thing as the link you provide. To be safe I checked with them after researching thoroughly and they confirmed. The idea is that work visas are dual intent and you need to be able to travel otherwise the AOS stage prohibits you from being able to do your job if it involves travel (especially logical for intracompany transfers). Please note that this change in policy to allow this non AP travel only happened a handful of years back.

The Real Canadian is right and you must have valid H1/H4/L1/L2 status and visa stamp. I have also done this with no ill effects.

Advance Parole

*Most* aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: *this does not apply* to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.


Tiklebit is very very wrong!
 
Do NOT leave country until AP approved..

Tasse:

True that you need not apply for EAD when filing for 485.... however, once you apply for 485, you automatically qualify for EAD... which is NOT TRUE if you hold H1 or any other status. That is what I meant by "part and parcel of filing for 485"!! It is like getting a free tank fill of gas coupon when you buy a car from the dealership. It is there for you to use it... if you don't use it, you don't get it!!! Get it??

Regarding travelling while AOS is pending..... H1 and L1 are dual intent visas. If you are in status, to hell with AP...however, remember once you leave the country without AP, you are in significant risk of the application being denied!!

Take this advise or leave it..... its your life!!!
 
Re: Explain this buddy... if you have done a loda reserach!!

Originally posted by tiklebit
NOWHERE does it say that EAD has anythinq to do with your AOS!!!
Forum experts giving out wrong info? tch tch!!
140_takes_4ever and Exile_2001 - you are wrong and tiklebit is VERY right!!!!! [/B]
Click to expand...

tiklebit,

You sound extremely infantile, juvenile and pretty dumb to boot! Don't want to lock horns with you over issues you obviously don't understand or have knowledge about, having said that, here is a short rebuttal (and immigration law 101).

1. Usage of EAD invalidates H1 status, whereby precluding the usage of H1 to enter the US.
2. H1 is a dual intent visa, using which you can be an H1 applicant as well as an AOS applicant.
3. Please refer to USCIS LINK and read the following quote (under who needs Advanced Parole):
Note: Aliens holding valid H-1 (temporary worker in a specialty occupation) or L-1 (intra-company transferee) visas and their dependants who have filed for adjustment of status do not have to file for Advance Parole as long as they maintain their non-immigrant status.
Click to expand...

Henceforth, before shooting your big mouth, please do your research properly, don't quote arbitrary websites without understanding the entire situation.

And when you are wrong, be courageous enough to accept it.

And if, you are right have the humility not to gloat or make fun of others, this is a forum where people come for help, and to offer help, FOR FREE. No one gets paid! We are all learning, and having 1000+ posts against your name means NOTHING!

The only part of your post I appreciated was Consult your attorney before you leave the country!! That was good advise, the rest hot air followed by a lot of BS!

End of discussion as far as I am concerned!
 
Re: Do NOT leave country until AP approved..

Originally posted by tiklebit
however, once you apply for 485, you automatically qualify for EAD... which is NOT TRUE if you hold H1 or any other status.
Click to expand...

Actually, some L-2, E-2, J-2 and even some B-1 aliens can apply for an EAD.
 
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