Lawyer said that advanced parole can only be used for emergencies?

S

samjoy

Registered Users (C)
Hello everyone - thanks for your responses!

A friend of mine applied for a Green Card based on marriage to a US Citizen. She is now in the AOS stage.

her lawyer told her that she cannot apply for advanced parole - the only way she can use advanced parole is if she has an emergency, or for work.

Is this true? I am in an employment based AOS myself, and I didn't think the AP was different for someone who was applying on a marriage based petition.

My friend is a citizen of the UK, and she would really like to visit her family!

Thanks
 
does anyone have an opinion/idea about this?

As far as I know, she didn't overstay her visa before filing AOS.
 
I applied anyway

In the application I mentioned that both my parents are of advanced age and I may need to go help them on short notice in an emergency.

Got my AP along with the work permit two weeks after filing
in San Jose CA sub office.

Cheers
glopk
 
I have consulted attorneys about the same issue a while ago.

If your friend has an existing H1 or legal non-immigrant status, then she will be allowed in US with no problem with family based I-485 and AP.

If your friend does not have a legal non-immigrant status while family based I-485 is pending, the INS officer at port of entry CAN refuse her entry even though she has an advance parole. The reason being she has no legal status in US. If she is refused re-entry, she then has to wait outside until her application is approved.

That means it really depends on her luck. If it is a matter of death in family or etc. one has more chance for his\her re-entry with INS officer.

Hope that helps. Good luck.
 
I think H1 holders in good standing (i.e. within the validity of their visa and that haven't changed jobs without applying for transfer) do not heed AP to travel and reenter while their GC application is pending.

See this page for more documentation

glopk
 
I'm on H1-B and recently applied my greencard through my USC husband.

My company's lawyer told me that since I am applying on family basis, I need to get an AP in order to travel outside the country. And once I enter with an AP, I need to use EAD to continue my employment with the company legally. These sound different from the other previous posts. ???
 
yan_yanl,
U can continue to work on H1, even if u use AP.
Using AP does not invalidate H1.

samjoy,
If u have filed for AOS - u can apply for AP.
What the lawyer has stated is not true.
U can get an emergency AP, at the local BCIS - but it is only in the case of emrgerbcy of ur immidiate family members - u need to show proof of emergency and the emergency AP approval depends on the officer.
U can ask ur friend to file AP.
 
My friend used her AP for 1 year long honeymoon, Does that sound like emergency to you?
She had to get back few times for the interviews of some sort but basically was able to be outside of US for almost entire year and travel later as well. I don't know if it makes a difference if you are married to US citizen, because she is.
 
There is a difference between submitting an application for Advance Parole to BCIS and getting that approved, and walking in to a BCIS District Office and requesting immediate Advance Parole so that you can leave the US to handle an emergency.
 
Jim,

Do you know anything about traveling on AP while 140 is pending? What are the reprocussions when it's denied while one is traveling. Thanks!
 
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