Is AP only for Emergency Travel

E

empee

Registered Users (C)
:confused:Experts ! I have been reading something about Advance Parole and travel restrictions and seeking for some clarity here. USCIS website define using AP for "emergent personal and bonafide reason to travel temporarily abroad". Does this mean re-entering US with an AP after a vacation or travel to home country for visiting parents would put us in trouble? (This is assuming I have an expired H1B and have used AC21 to switch employers after 180 days of filing I-485). Can someone please clarify?:confused:
 
Technically that's what they say but they grant an AP to EVERYONE who applies without requiring any documentation proving an emergency.
And everyone travels on such an AP and I don't know anyone who got into trouble because of that.
Precedence seems to suggest that you may safely apply for an AP and use it for vacation.
Have a good trip!
 
Thanks for the replies

Folks. Thanks for the replies. I guess almost everyone is divided on the opinion of using AP for leisure travel. Some say that it is a non-issue while others point to the USCIS website where it quotes that AP is only for emergency travel. It appears that this document was formulated in the day and age when EAD to GC was less than a year and AP was more of a stop-gap for those that needed to travel in that duration. However in today's reality AP is more or less used like a multiple entry visa that one can renew every year and travel for business, pleasure, family visits and emergencies. I guess we need to bring this up to the attention of USCIS so that any CBP officer who might be reading and interpreting the AP on a literal sense is aware of the current nuances of immigration delays. This can save many hassles at the POE for many AP travellers especially considering more than 75% of July 2007 applicants will start using APs for travel more and more in the coming years.

This conclusion here is based on my interpretations only. As always I am not an attorney nor an immigration expert, so if there is anyone here that knows more on this topic please correct my statements.:)
 
empee said:
Folks. Thanks for the replies. I guess almost everyone is divided on the opinion of using AP for leisure travel.
Click to expand...

Where? None of the answers you got here pointed to any division! AP is normally used by I-485 filers for regular travel abroad.

If you look further on the I-131 instructions, you will see that it asks you to provide EITHER a statement of why you want an AP OR a copy of your I-485 receipt, not both. (I know elsewhere on the application itself it asks for a statement, but according to the actual instructions it is not required if you provide a I-485 receipt).

Just relax, travel, come back, and don't worry about it.
 
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Thanks again

JK0274...When I said "divided" I did not base it on the 2 replies I got here. I have been reading many other forums where people had posed similar questions and received replies that was equally favorable and unfavorable on using AP for non-emergency travel.

Also I did not debate on whether a I-485 receipt is required for re-entry or not. I am aware that USCIS issued a memo stating that I-485 receipt is not required for travel with AP.

But just like you said, I am going to relax and take it easy. After all we are here legally, following all laws and there should not be an issue with letting us in.
 
Ap

Im also concern using AP for leisure travel. A friend of a friend of a friend, told me that one of their friends went home (the whole family with 3 kids) using AP, by the time they arrived here they were put on hold in the immigration for 2 days!!! they arrived friday night, and since they cant reach their lawyer over the weekend they have to sleep and stay inside the airport!!! with kids!!!
I dont know if this is true or not but its scary. They advised us that if you want to go home and come back make sure your arrival time here is on a weekday and on an office hour so in case the consul questions you, you can call your lawyer.
 
I applied for an AP document to honeymoon in Australia and New Zealand and had no issues with USCIS.

empee said:
Does this mean re-entering US with an AP after a vacation or travel to home country for visiting parents would put us in trouble?
Click to expand...
 
empee said:
Also I did not debate on whether a I-485 receipt is required for re-entry or not.
Click to expand...

Neither did I, if you read my post again. I was referring to the I-131 application itself, not reentry into the US. If you read the I-131 instructions, it tells you that you have to provide either:

B: An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document

OR

C: If you are an applicant for adjustment of status, a copy of the USCIS or former INS receipt as evidence that you filed the adjustment application.

It says "OR" not "AND".
 
Attorney's response

JK0274 is correct. My attorney confirmed this as well. While my attorney office did not mention about carrying a copy of I-485 they did say with confidence that AP is valid for bonafide travel reasons which can include personal visits as well. I am still going to take JKs advice and carry my 485 receipt notice or copy of it with me.

As for molly, i think what you heard might be a strange rumor. Typically AP users are escorted to a different immigration section / waiting room where they are asked to be seated while the officials verify the documentation. It could take anywhere from 15 minutes to a couple of hours depending on how busy the airport is. Atleast that is what I have heard from people who have travelled on AP before.

For the other readers, please confirm with your attorneys before you travel.
 
I've travelled on AP 6 times and never had an issue. The last 3 times of travel have been after a us consulat refused to put an H1-B stamp on my passport due to visa name check (221g), instead they stamped my passport to show that I've visited the consulate, yet that didn't seem to be a problem at all.
 
Well, perhaps it is not a good idea, then, to tell an Immigration Officer that you were on vacation. Use wiser words like "visit my elderly parents" or something that implies a deeper reason than a mere 'vacation'. A lot of IOs at the ports of entry are decent, while others are pure hillbillies.
 
Clarification

Duncan, I think when you say that the travel conditions are mentioned in the USCIS website, I think you are referring to this (see link and look for Advance Parole in this page). Actually this was the page that had some wording that confused me in the first place and prompted me to post here for clarity.

http://www.uscis.gov/portal/site/us...nnel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD

However upon reading it over and over carefully I extracted the following lines from this site. I added bullets to make reading easier

"Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

  • Filed an application for adjustment of status but have not received a decision from the USCIS;
  • Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
  • An emergent personal or bona fide reason to travel temporarily abroad.
"

So basically AP is issued to people who satisfy one of the 3 criteria. Almost all of us who filed 485 and have AP fulfill the first criteria and right at the top it says "in order to re-enter the United States after travel abroad". So if I am reading this right AP is for travel abroad....period.....not just for emergencies, though they do issue emergency APs for those that need them.

Granted you cannot be doing research and justification when you are standing in front of a CBP officer at the POE where they typically have enough authority to deny entry to you if they feel that you are misusing a document. So I guess we should carry these as back-up and explain our stand politely.
 
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One more supporting document

Here is another memo issued by the USCIS that I found in their website. The memo itself is titled, "USCIS REMINDS APPLICANTS FOR ADJUSTMENT OF STATUS TO OBTAIN ADVANCE PAROLE BEFORE HOLIDAY TRAVEL ABROAD"

http://www.uscis.gov/files/pressrelease/Travel_10_22_04.pdf

Its reads as if the USCIS endorses AP for holiday travel and re-entry to USA.

So for all those worried about re-entry with AP, please carry these as back-up. However I am no attorney to say this with authority, so please use your discretion. :)

One more clarification to make. I have not travelled so far with AP and hence do not have a good or bad experience to share. My efforts are to clarify the myth or reality surrounding AP and its use for emergency travel.
 
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