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details of how long can we stay abroad on EAD
- Thread starter sdas2005
- Start date
There is technically no limitation so far as your I-485 is pending and you return before the expiration of your AP. 6 weeks is no problem at all. The only thing I've read about is one or two people getting in trouble from the immigration officer at the airport for telling him that they were on "vacation"; the IO said that AP was for emergencies and not for vacation. This doesn't mean the IO was right (the vast majority of people have no such encounters), but something to keep in mind in case you're asked.
Hi Friends,
I want to travel abroad and I am on AP, My question is how long can I go on vacation. I want to go for 6weeks will that be OK.
Thanks
Friend.
AP regulation is for short visits (not determined what short is short). The rule is to use visa stamp (mostly H) to reenter and the AP is suppose to be for emergency and it is up to the officer to decide.
TheRealCanadian
Volunteer Moderator
The rule is to use visa stamp (mostly H) to reenter and the AP is suppose to be for emergency and it is up to the officer to decide.
There is no such rule. In fact, up until recently one could not re-enter using the NIV.
There is no such rule. In fact, up until recently one could not re-enter using the NIV.
I may understand it wrongly. This is from the form instructions
"3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may ........ An advance parole document is not issued to serve in place of any required passport. Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
"If you are in the United States and seek advance parole:A. You may apply if you have an adjustment- of- status application pending and you seek to travel abroad for emergent personal or bona fide business reasons;"
And item d in the application
"I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel"
AP can be issued (and is normally issued) to aliens who have a pending I-485 who wish to travel abroad. While the application form states that it is for "emergent personal or bona fide business reasons", it has regularly been used for non-emergent travel abroad with little or no problems. Besides, what constitutes "emergent" and how does USCIS determine it? So the "emergent" requirement has more or less been ignored by immigration officers. After all, if AP was only for emergency, why would USCIS have issued this statement a while ago? There is an entire thread about this here (long but interesting).
On the other hand, AP can also be applied for if you have a foreigner who normally lives abroad who you need to bring into the US immediately for emergent reasons and who cannot wait for visa processing times. It must be a real emergency (e.g. US citizen dying and needs to bring foreign sibling ASAP), and cannot be used "to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance". This type of AP for foreigners abroad is what this last sentence is referring to, and not to I-485 applicants wishing to leave.
In all cases, there is no actual rule about time limits on staying abroad other than returning before the expiration of the document. Whether the immigration officer suspects that your center of life is not in the US and wants to make a big deal out of it is always possible I suppose, even though you are technically supposed to maintain your center of life in the US after you obtain your green card.
On the other hand, AP can also be applied for if you have a foreigner who normally lives abroad who you need to bring into the US immediately for emergent reasons and who cannot wait for visa processing times. It must be a real emergency (e.g. US citizen dying and needs to bring foreign sibling ASAP), and cannot be used "to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance". This type of AP for foreigners abroad is what this last sentence is referring to, and not to I-485 applicants wishing to leave.
In all cases, there is no actual rule about time limits on staying abroad other than returning before the expiration of the document. Whether the immigration officer suspects that your center of life is not in the US and wants to make a big deal out of it is always possible I suppose, even though you are technically supposed to maintain your center of life in the US after you obtain your green card.
Last edited by a moderator:
shadyhtown
Registered Users (C)
There is technically no limitation so far as your I-485 is pending and you return before the expiration of your AP. 6 weeks is no problem at all. The only thing I've read about is one or two people getting in trouble from the immigration officer at the airport for telling him that they were on "vacation"; the IO said that AP was for emergencies and not for vacation. This doesn't mean the IO was right (the vast majority of people have no such encounters), but something to keep in mind in case you're asked.
What kind of trouble? Were they eventually allowed in, is the question.