Does anyone have any experiences in travelling internationally with advanced parole via Deferred Enforced Departure after getting I140 approved as a F1-student visa holder? I wonder if I can re-enter the U.S. in that way even I have been approved on I140 but have not filed I485.
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International travel with advanced parole via Deferred Enforced Departure after getting I140 approved as a F1-student visa holder
- Thread starter leleho
- Start date
Well, people who have a pending Adjustment of Status application can get Advance Parole to leave and return to the US while their Adjustment of Status is pending, so immigrant intent is obviously not an obstacle to getting paroled in.
Also, people who entered illegally have for many years taken advantage of DACA-based Advance Parole or TPS-based Advance Parole to leave and re-enter the US to gain a legal entry, to make them eligible for Adjustment of Status, so using Advance Parole based on some other basis to re-enter and then do Adjustment of Status is quite normal.
(By the way, AOS based on an employment-based category requires that you not have been out of status or working illegally for more than 180 days since your most recent admission. Have you been maintaining F1 status up until now?)
Also, people who entered illegally have for many years taken advantage of DACA-based Advance Parole or TPS-based Advance Parole to leave and re-enter the US to gain a legal entry, to make them eligible for Adjustment of Status, so using Advance Parole based on some other basis to re-enter and then do Adjustment of Status is quite normal.
(By the way, AOS based on an employment-based category requires that you not have been out of status or working illegally for more than 180 days since your most recent admission. Have you been maintaining F1 status up until now?)
To your question, yes, I still have a F1-visa that is not expired. To the best of my knowledge, after I have a I140 approved, I cannot re-enter into U.S. using my F1-student visa, but based on what you said, you seem to suggest that using advanced parole from DED I can still re-enter regardless? I want to travel outside of U.S. to attend some academic conferences, that's why I want to see if there is a possibility that I use this option since I cannot apply for I485 at the moment via EB2 NIW (because I am still waiting for the date to be current). I am afraid that the immigration will deny my entry even if I have an advanced parole since my F1-visa is basically useless now given that I have got my i140 approved.
I didn't ask about visa. Visa is just for entry. I asked whether you have been maintaining F1 status (i.e. have been maintaining a valid I-20, and complying with all the conditions of your F1 program).To your question, yes, I still have a F1-visa that is not expired
When you leave the US, you cease to have any status. If you enter on Advance Parole, you will be "paroled", not "admitted" on any nonimmigrant status like F1. You will get an I-94 as a "Parolee" (probably for 1 year). Parolees are considered to be in status for the purposes of Adjustment of Status, while the I-94 lasts. You will not enter into F1 status since you did not enter on an F1 visa.But I have a follow-up question, if I travel using DED advanced parole and come back, will I be considered out of status by that time since I didn't use F1 visa and the visa is going to be expired very soon?
If I have used DED EAD to work off campus, is that considered a violation of my F1 status technically? Other than, I think i am goo with everything else.I didn't ask about visa. Visa is just for entry. I asked whether you have been maintaining F1 status (i.e. have been maintaining a valid I-20, and complying with all the conditions of your F1 program).
The i94 will only last as long as my DED lasts, correct?When you leave the US, you cease to have any status. If you enter on Advance Parole, you will be "paroled", not "admitted" on any nonimmigrant status like F1. You will get an I-94 as a "Parolee" (probably for 1 year). Parolees are considered to be in status for the purposes of Adjustment of Status, while the I-94 lasts. You will not enter into F1 status since you did not enter on an F1 visa.
I would say yes -- working outside of what is allowed by the F1 program, even if working legally, would be a violation of F1 statusIf I have used DED EAD to work off campus, is that considered a violation of my F1 status technically? Other than, I think i am goo with everything else.
I'm not sure about thatThe i94 will only last as long as my DED lasts, correct?
So in that case if I apply for I-485 with F status, I will be denied right away?I would say yes -- working outside of what is allowed by the F1 program, even if working legally, would be a violation of F1 status
Like I said, since you are in an employment-based category, INA 245(k) allows you to do I-485 as long as you have been out of status or working illegally for less than 180 days since your most recent admission. Parole is not admission, so it would not reset your days. So you would have to count the days out of status during this stay, and if it is less than 180, and if you do not get any more days out of status after being paroled back in before filing I-485, you should be eligible.So in that case if I apply for I-485 with F status, I will be denied right away?
I don't quite follow what you said. You said that I would be admitted as "Parolee". So I am only out of status if my advanced parole expired? or you mean it starts from day 1that I entered as a "Parolee"?Like I said, since you are in an employment-based category, INA 245(k) allows you to do I-485 as long as you have been out of status or working illegally for less than 180 days since your most recent admission. Parole is not admission, so it would not reset your days. So you would have to count the days out of status during this stay, and if it is less than 180, and if you do not get any more days out of status after being paroled back in before filing I-485, you should be eligible.
On your current stay, you went out of status when you worked outside of F1. After you leave the US, you don't have status since you are outside the US. When you seek entry on your Advance Parole, you will be paroled, and you will be given an I-94 as "Parolee" for a period of time. This has nothing to do with the Advance Parole's expiration date (just like a visa's expiration date, an Advance Parole's expiration date is just the last day you can use it to enter). You will be considered to be in status, for the purposes of AOS, for the duration of the Parolee I-94 period. After the end of that period, if you still haven't filed AOS, I believe you will be considered to be out of status for AOS purposes, unless you can get re-parole or something.