AP Question

L

Luci_merlion

Registered Users (C)
Hi!

I am on F1 status (no stamp in passport) and currently on OPT. I plan to send out my AOS along with I-131 by March. Is it safe to travel with the AP without the actual green card or should I wait for the card to be safe? I first came with J1 and changed status to F1 in 2003. Thank you!
 
Once you have the GC you won't need the AP. AP allows you to reenter the country as a parolee whilst GC is pending.
 
The question is whether it is safe to travel with the AP ? I am undecided whether to send the I-131 along with I-130 and I-145. This is because I initially entered the U.S. on J1 and then changed status to F1. I sent the application for change of status by myself and got denied. Then I hired a lawyer and my change of status was approved. When my mother applied for a tourist visa to come see me she was denied due to my change of status. I am afraid that at the port of entry they will hold my change of status will be hold against me just like it happened in my mother's case.

Does anyone know of people who were not allowed entry with AP? Do you know that person's specific immigration situation? Perhaps your answers will help me decide if to send the I-131 or just wait for the green card. Thank you!
 
You say that your change of status has been approved. I assume by that you mean that it has been accepted as eligible as otherwise you would already have the card.

As far as travelling on AP is concerned I presume people haven't responded because they don't want to make a guarantee about something which can't be guaranteed. I have never had a problem entering on AP and have never met anyone who has. I suspect your mother was denied because the agent believed that she had immigration intent due to the fact that you have applied for AoS. The same would not apply to you reentering as AP is not the same as a tourist visa. This is all just my opinion of course.
 
Hi!

Thanks for answering. I feel somewhat better now...
By change of status approved I meant that they changed my status from J1 to F1 and thus was allowed to study here.
At the embassy they noticed that I left on J1 and were disturbed by the change of status (which is otherwise legal!) and so denied my mom. Anyways, I have not applied yet for AOS but plan to do this by March 1st. I will contact a lawyer about the I-131 to also hear her opinion and decide whether to file for AP or not.
Thank you again. Your insight was useful.
 
The AP relates directly to your AOS status and will in general not be influenced by your previous non-immigrant history. The one important exception to this is if you are subject to a three or ten year bar for being out of status for over six months, or over a year, respectively. However, from what you have said, this doesn't apply to you.
 
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