Travel on Advance Parole

R

rigas

Registered Users (C)
Hi,

Wondering about people's experiences on travelling on AP. Keep hearing somewhat conflicting responses, here's a few :
1) Restrict the trip to around 1 monthy only. (Safe)
2) There is "no limit" on the duration one can be outside the US while the I-140 and I-485 are under processing.
3) If the INS officer suspects from your duration of stay that you no longer intend to be a "permanent resident", your application can be rejected at the time of re-entry.

Furthermore, say, if you are outside the US when the FP notice comes in, what happens? Can one go after the assigned FP date and still get through the process fine?

What documents should one carry when travelling outside the US on an AP?

Looking for pointers from those who've been there, or who know of others who've been there.

Thank you in advance,
 
Please reply guys

Hi,

If someone has any idea please respond. That should help me decide about my trip outside the US that I am planning shortly.

I have further heard the following -

"those in pending adjustment status are generally not supposed to travel abroad. The advance parole is a form of waiver that permits travel under certain circumstances. The facts of your case and the risks involved are directly linked.

Also, nowadays there is a higher level of scrutiny at the borders, and more access to background information for border officials resulting from the linking of computer databases. Not all of this information was previously available to them, so past experience is not a good indication as to what may happen in this present climate of added concern. "

"There is no limit to the time duration. except for trying to re-enter after the expiration of the advance
parole, or remaining outside the U.S. for a length of time which would be so
excessive that it would cast doubt on the validity of your employment-based
petition. A letter from your employer stating that you are taking a
vacation and are expected to return to the position would solve the latter problem."

Looking for some advise.
 
nothing much to it

we just got back after a 2 week trip. My wife is now on AP, I'm still on my H1 (no need to do EAD for another year or so but she wanted to work, so she had to).

We took

1) the I129s (H receipts)
2) the I485 receipts
3) the three A/P copies.

I got stamped immediately, and the guy didn't even want to see the 485 receipt. As far as I can tell most or all Advance Parole cases are sent to a separate room for processing. When she got to the front of the line it only took 2 minutes, they just wanted to see the Advance Parole paperwork, asked a couple of questions about who was the petitioner on the 485 and that was it.

For the sake of my H visa I normally take a letter from the employer showing I'm employed. For AP, why would you need that, you can be adjusting status for a variety of reasons. I didn't have to take (and don't even have) the I140 receipt, they don't care under what basis you filed the 485, the point is, you filed it and it was on the face of it good enough for BCIS to grant you advanced parole.

Frankly there's too much "I heard" and "someone told me that", mostly, as long as you have your paperwork in order, things will be fine. Enjoy your trip, I did.
 
Hey ROLS a quick question on this issue

My wife is planning a trip to India on her AP ...but she insist that she wants to stay there for atleast 3 - 4 months ...Is that time span going to be an issue for her while re-entering, the AP is valid thru 2005.
I wont be going ( cant afford it ..)
Thanks ..
NVC
 
no idea

I have no idea, but I really can't see why not. I mean, they give you this piece of paper and it's valid for multiple journeys for a year and the whole point is for you to be able to travel outside the US.

My general take on immigration is that if you have proper, legal paperwork the immigration officials are pretty nice and aren't looking for reasons to deny you.

Would I leave the country with an expired H visa and try to get it stamped outside the country, nope because you have no idea how long you are going to be away, but if I have (as I do) a valid visa, copies of my other documents, valid advanced parole etc, I would have no qualms about travelling at any point during the validity of such documents.

I'm not even remotely a lawyer, I have just found in my many trips in and out of this country, through TWO green card processes (and I ain't done yet) that if you have valid visas and other reasonable paperwork you have no reason to anticipate problems.

Just my $0.02
 
Re: nothing much to it

Hi rols,

By

2) the I485 receipts

you mean original I 485 or copy of I485. I am also planning to use my AP while returning, so I would like to know if copy of I485 is OK or do we need the original receipt. Currently my Receipt is with my Attorney.

Thanks.

Originally posted by rols
we just got back after a 2 week trip. My wife is now on AP, I'm still on my H1 (no need to do EAD for another year or so but she wanted to work, so she had to).

We took

1) the I129s (H receipts)
2) the I485 receipts
3) the three A/P copies.

I got stamped immediately, and the guy didn't even want to see the 485 receipt. As far as I can tell most or all Advance Parole cases are sent to a separate room for processing. When she got to the front of the line it only took 2 minutes, they just wanted to see the Advance Parole paperwork, asked a couple of questions about who was the petitioner on the 485 and that was it.

For the sake of my H visa I normally take a letter from the employer showing I'm employed. For AP, why would you need that, you can be adjusting status for a variety of reasons. I didn't have to take (and don't even have) the I140 receipt, they don't care under what basis you filed the 485, the point is, you filed it and it was on the face of it good enough for BCIS to grant you advanced parole.

Frankly there's too much "I heard" and "someone told me that", mostly, as long as you have your paperwork in order, things will be fine. Enjoy your trip, I did.
Click to expand...
 
original

My lawyer told me to take the original and they sent it to me for that very purpose.
 
I talked to my lawyer

Basically, the idea behind an AP is to allow you to leave the country while your petition is pending. My lawyer says the longer you go, the bigger the risk.

Noone can predict what happens - it could be smooth or it could get as rough as, well, INS can make it. His suggestion to me is to keep the trip down so it can be explained away as a "vacation" as you are away from your job for that long.

I am not sure of your wife's case since her application might be that of a dependent.

Bottomline -- I still haven't heard a case of someone going back to India on vacation or otherwise for a period > 2 months when his AOS is pending. That should tell its own story.
 
Thank you guys

Thank You all ..for the suggestions..just showed your responses to my wife ...it was enough to scare her ...so I guess she wont be staying away from me in India for a longer time :)
NVC
 
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