Am I allowed to apply for Advanced Parole & renew EAD after AOS interview?

P

princesskate

Registered Users (C)
I had my AOS interview (marriage based) done 2/16/06, everything looks good except the FBI background check result hasn't returned yet so they couldn't issue me an approval letter for my conditional permanent residency.

I entered US via F-1 which expired in 10/2005 (since I graduated & my 1-year OPT period ended). I applied for AOS in 08/2005 - am I considered as overstaying here? Since I have no idea when my FBI check result will return & I may need to go back to my home country half year later, I'm wondering if I can apply for Advanced Parole during this period? (Would it be a possibility that I get refused to reenter U.S.?) How long approx. does it take to apply for AP?

Another questions is, my EAD will expire in 10/2006, if I don't receive my green card by that time, when should I start filing for the EAD renewal? Can I do it in person so that I can get my new EAD on the same day?

Thank you very much!
 
Last edited by a moderator:
princesskate said:
I had my AOS interview (marriage based) done 2/16/06, everything looks good except the FBI background check result hasn't returned yet so they couldn't issue me an approval letter for my conditional permanent residency.

I entered US via F-1 which expired in 10/2005 (since I graduated & my 1-year OPT period ended). I applied for AOS in 08/2005 - am I considered as overstaying here? Since I have no idea when my FBI check result will return & I may need to go back to my home country half year later, I'm wondering if I can apply for Advanced Parole during this period? (Would it be a possibility that I get refused to reenter U.S.?) How long approx. does it take to apply for AP?

Another questions is, my EAD will expire in 10/2006, if I don't receive my green card by that time, when should I start filing for the EAD renewal? Can I do it in person so that I can get my new EAD on the same day?

Thank you very much!
Click to expand...

When you apply for AOS, you get a legal status called "Pending AOS". To answer your question, NO, you are not overstaying.
You can apply for AP and renew your EAD as long as your I-485 is pending.
AP takes approx 60-90 days to get approved. If your travel is an emergency, you could go to your DO, prove your emergency and get AP the same day.
You cannot get an EAD in person unless it is an Interim EAD (You need to wait 90 days after you applied for EAd before you can go to your DO to get an iEAD)
 
I agree you are NOT overstaing. You should be able to get AP an EAD since your AOS is still pending.
 
Hi ari4u & AOS_GUY:

Thanks for the replies!

Is it true that I can apply for AP only when I have something very important that I need to go outside the U.S.? 'coz all I wanted to do is to attend my cousin's wedding & I'm wondering if it would be kinda risky to apply for AP just for this reason :confused: :confused:
 
princesskate said:
Hi ari4u & AOS_GUY:

Thanks for the replies!

Is it true that I can apply for AP only when I have something very important that I need to go outside the U.S.? 'coz all I wanted to do is to attend my cousin's wedding & I'm wondering if it would be kinda risky to apply for AP just for this reason :confused: :confused:
Click to expand...
You don't need any solid reason to apply for AP. To visit family is good enough reason.
 
if the wedding's coming up - you should definitely apply for the AP. you really never know how long the background check will take. my husband and i have been waiting more than a year and a half.
 
You must log in or register to reply here.
Top