AP is required to travel abroad during AOS

2006gc

Registered Users (C)
I came across this press release and thought it is of interest to many..
A number of individuals in the past had queried whether AP is needed to travel abroad while I-1485 is pending. The answer is YES.
Details can be found in the press release by USCIS on May 24, 2006.
http://www.uscis.gov/graphics/publicaffairs/pachron.htm

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USCIS REMINDS APPLICANTS FOR ADJUSTMENT OF STATUS TO OBTAIN ADVANCE PAROLE BEFORE SUMMER TRAVEL ABROAD
U. S. Citizenship and Immigration Service (USCIS) reminds individuals who have been granted Temporary Protected Status (TPS) and individuals with an application for adjustment of status to that of lawful permanent resident, an application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203), or an asylum application, that they must obtain Advance Parole by filing Form I-131, Application for Travel Document (available online at www.uscis.gov), with USCIS before traveling abroad. Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status. Individuals must be approved for Advance Parole before leaving the United States. Travel outside of the United States without Advance Parole has severe consequences and individuals who violate this law may be unable to return to the United States and their applications may be denied. Applicants can apply for Advance Parole at Service Centers.

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2006gc said:
I came across this press release and thought it is of interest to many..
A number of individuals in the past had queried whether AP is needed to travel abroad while I-1485 is pending. The answer is YES.
Details can be found in the press release by USCIS on May 24, 2006.
http://www.uscis.gov/graphics/publicaffairs/pachron.htm

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Not if you have valid H-1B (or L-1?) visa status and stamp.

Check the Emergency Travel
http://www.uscis.gov/graphics/services/emergency/index.htm#Advanced

I've done twice (this Jan/Apr) showing only my H-1B approval and I-485 receipt notices. No question asked :)
 
The most recent press release did not state any exclusions. I would not want to take the risk. It is up to individuals to access their situation themselves.
 
2006gc

My wife recently after the above AP release entered USA with H4 visa without much problem. However, there was some secondary inspection where they asked where does your husband work.. etc.

Hence, I think one can use H1b/H4 visa to enter. Having said that my wife also had approved AP but did not use it. I guess moment any AOS enter USA they do secodary inspection irrespective of one uses H or AP to enter.
 
NIW Nov04,
Your wife is lucky or the officer already know that she has an approved AP. Even if you look at the exclusions, the notice stated that the dependents must have valid H-1B or L-visa status with valid visas. Your wife's held H4 status and not H-1B. So I am not sure how this exclusion applies to your wife.
In any event, if she does not face any issue, that is good news.
 
I think she should not face any problems because...

a) I had consulted my I-485 immigration attorney several times before taking this step.

b) she has/had H4-stamp (Visa) not just H4 status.

c) I am sure the moment immigration officer looks up your info. in his PC he get all the information about the person.
 
This is what I thought. correct me if I am wrong.

You can travel outside and come back into the country either with a valid H1/H4/L1 or L2 visa stamp or an approved AP. But if you use the AP then you lose your H or L status and work using EAD. I thought the choice is yours to show either the work visas or AP.

Cheers,
 
Gentlemen,
I posted this thread just to highlight the USCIS press release. I personally would take the conservative approach. But if you guys have discussed the matter with your attorney, then that is fine. Let me reititerate that the purpose of this posting is to highlight recent statements made by USCIS on this matter.
 
leviathan,
Thanks. Those links/articles would definately be of interest to those who want to learn more on this matter.
 
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