Travel on advance parole

L

lili2005

Registered Users (C)
Am about to travel outside the country for the first time on advance parole and I was just wondering what I should be prepared for. Aside from the AP documents and my passport, what are other documents I should carry with me?
Thanks!
 
I am awaiting an adjustment of status. My previous visa was an F-1. It is still valid but as far as I know, I should not be using it since I have filed for an AOS.
 
Does it matter what status one has when travelling on AOS. I am on TN status. Will it matter if I travel on AOS being on TN. I haven't received my EAD yet.
 
detroitkam said:
Does it matter what status one has when travelling on AOS. I am on TN status. Will it matter if I travel on AOS being on TN. I haven't received my EAD yet.
Click to expand...

You need an Advance Parole.

If you leave without an Advance Parole your I-485 will be considered abandoned, and you won't be able to apply for a new TN since you've shown immigrant intent by having filed an I-485.

If you show your Advance Parole upon re-entering the US, no problem except be aware of the following. Your status will no longer be TN. You will be in I-485 pending status. From this point forward, you will need a valid EAD to work. You will never be able to apply for another TN again since you've shown immigrant intent by having filed an I-485.

Bottom line, get an AP and an EAD before you leave the country.
 
What Are The OPTIONS if AP not Received Yet

Hello Everyone,
My Question is what are my options if I haven't received any news on my Advance Parole Application.
I was in OPT thru F1 Status when I applied for Adjustment Of Status by marriage to USC and I-131 Advance parole
I have a receipt Notice Date for Advance Parole for July 12, 2005, applied at NBC or MSC.
The current processing dates by NBC as of Nov 4, 2005 is Sept 19, 2005. (that means my case is OUT of Processing Time by more than 70 DAYS)
I did first Referral on 1-800 # on Oct 7, nothing happened for 30 days Called back on Nov 7, they can only send 2nd Referral. So cant do anything else until Dec 8th. I have to leave by DEC 20. So what are my options here.
Any Suggestions and Directions would be of great help.
Thanks in advance.
 
hianktap,
If you don't have an AP before you leave for your trip then don't leave the US until you have an approved AP. The law states that your AP must be approved BEFORE your departure. They will verify the validity dates of the AP with your departure date upon your reentry to the US. If the AP was approved after you departed the US, then it is not valid for reentry.

Unlike an EAD, there is no such thing as an interim AP, and I have not heard of anyone getting an emergency AP within the last few years. They have probably stopped issuing them since Sept 11th. In the distant past (circa INS days) you were able to go to the local office and try to show them that you have an emergency (like a relative in a life and death situation) in dire need of your assistance abroad. It was at the officer's discretion at the local office whether they believed you, and often people still did not get an emergency AP even with such proof.

If it is just for a simple vacation, or even a wedding, I am sure they will NOT issue an emergency AP. So you MUST wait until it arrives. The bottom line is that you are expected to plan ahead for such delays, and the USCIS will not accept any blame for your case being past the current processing date. Hopefully you got insurance for your reservation and you can reschedule the flight as a last resort. The good news is that you sill have about a month left before your trip. Hang tight, and it might get approved.
 
Documents to travel

Does anyone have any guidance on what documents I need to carry aside from the AP forms and my passport? Should I also carry reciept notices of 485 and 130? Anything else?
 
lili2005 said:
Does anyone have any guidance on what documents I need to carry aside from the AP forms and my passport? Should I also carry reciept notices of 485 and 130? Anything else?
Click to expand...

Yes, you should carry receipt notices as they are proof that you applied for AOS.
 
Mr or miss

detroitkam

It is important the status of the person inside of the country

Please read the link

http://uscis.gov/graphics/publicaffairs/advisories/advisory.htm




Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission, even if they have obtained Advance Parole. Those aliens who have been unlawfully present in the United States for more than 180 days but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years.

For more information, call the INS nationwide toll-free information service at 1-800-375-5283 Further information on Advance Parole can also be found on INS’ Web site at www.ins.usdoj.gov.
 
krona12345, we are not interested in knowing opinions of people who are not familiar with the system and laws. Keep your opinions to yourself.
 
Sorry Mr Detroit and George but if you notice the first post he ask about the parole without any extra information.


You Mr Detroit then said that is not relevant the Status of the person.


My answer came after just to explain to the room the your position is not 100% Correct.


The information posted by me is a post from the Immigration page.
Please take the time reading,



I'm not here to judge people Mr George and Detroit

I just made a comment about the inicial post.


Next time take the time reading the post and make sure you understand the answers.

You have a good day

Ps- The room do not belong to you. You starting with the wrong attitude.
 
May be my english isn't as strong as yours. I didn't understand a word you said and please don't bother explaining it to me again.

You have a good day too!

Sorry lili2005. I am sure you got your answers here.
 
curiousGeorge said:
You need an Advance Parole.

If you leave without an Advance Parole your I-485 will be considered abandoned, and you won't be able to apply for a new TN since you've shown immigrant intent by having filed an I-485.

If you show your Advance Parole upon re-entering the US, no problem except be aware of the following. Your status will no longer be TN. You will be in I-485 pending status. From this point forward, you will need a valid EAD to work. You will never be able to apply for another TN again since you've shown immigrant intent by having filed an I-485.

Bottom line, get an AP and an EAD before you leave the country.
Click to expand...

That is a huge show stopper for me. I'm currently in the US on a TN Visa and have filed for AOS thru my American wife. I've recently acquired my Advance Parole to travel next month. However, I've yet to obtain my EAD. I haven't even yet done the fingerprinting. I do have a biometrics appointment, but it's 2 days before my travel date next month and it's for my AOS.

I guess I will need to obtain an interim EAD. Time to make an infopass appointment.

Thanks for that bit of information, George. In my case, it is extremely valuable. I really did not think I would lose my TN Visa upon re-entering the US. I knew that I would not be able to renew it, however this is the first I hear of having to give it up before getting my EAD.


- Jesse
 
Jesse_t said:
I guess I will need to obtain an interim EAD. Time to make an infopass appointment.
Click to expand...

Jesse,
You'll only be eligible for an interim EAD once your EAD aplpication has been pending for 90 days. You can schedule your infopass in anticipation of this timeframe, but if you show up at the local office before the 90 day point, the will deny your plea for an i-EAD.

Also if its any consolation, when you re-enter using your AP, you wil be in "I-485 status". You can continue to reside in the US legally in that status until your I-485 is adjudicated. The EAD is only needed if you need to continue working from that point forward. If you can take a break from your job, then you can re-enter using the AP, and be in the US in "I-485 pending status" until your EAD arrives. The point being that you may not need to rush to get your EAD, if your AP has arrived, and you really don't want to delay your trip. Bottom line, with delay your trip altogether, OR reenter in I"-485 pending status" using your AP, and don't work until you get an EAD.

Jesse_t said:
Thanks for that bit of information, George. In my case, it is extremely valuable. I really did not think I would lose my TN Visa upon re-entering the US. I knew that I would not be able to renew it, however this is the first I hear of having to give it up before getting my EAD.
Click to expand...

Read this informative link that tells you about applying for AOS while in TN status. While it is based on the employment-based path and you are doing the family-based path, the EAD / AP and dual-intent topics will be relavent to you.
http://grasmick.com/board/?topic=topic1&msg=45872
 
Last edited by a moderator:
Thanks for the helpful advice George. Without it I would have travelled to Canada soon with my advance parole and TN visa, blindly assuming there would be no problems on re-entry. Since my TN expires well into next year, I did not think there would be any issues in keeping it till I'd received my EAD. Aside from your link I was not able to get any information on family based AOS after having been admitted on a TN visa.

The only thing that puzzles me is that I have known another Canadian that went through a similar route. However this individual had obtained an employment based green card through a TN visa (never once switching to a H1B). I'm pretty sure this individual had travelled to Canada while on the TN visa after having filed for AOS. I guess it all depends on how the customs officer interprets the law?

- Jesse
 
Jesse_t said:
I guess it all depends on how the customs officer interprets the law?
Click to expand...

The law is quite clear on this matter. Ignorance of the law does not qualify one to have the right to disobey it.

The problem is that the USCIS has many disparate systems in which they can view your immigration history. Not all the systems are in sinc all the time. Your friend was lucky, if he never used an AP, then he slipped through the cracks, that's all. Its like Russian Roulette.

Imagine how surprised he would have been had he discovered that he had abandonded his I-485 application and he would have been denied entry by the officer who caught him.... He probably would have prefered losing at a game of Russian Roulette :D
 
if u enter on TN, you will loose 485, chk with ur lawyer

Jesse_t said:
That is a huge show stopper for me. I'm currently in the US on a TN Visa and have filed for AOS thru my American wife. I've recently acquired my Advance Parole to travel next month. However, I've yet to obtain my EAD. I haven't even yet done the fingerprinting. I do have a biometrics appointment, but it's 2 days before my travel date next month and it's for my AOS.

I guess I will need to obtain an interim EAD. Time to make an infopass appointment.

Thanks for that bit of information, George. In my case, it is extremely valuable. I really did not think I would lose my TN Visa upon re-entering the US. I knew that I would not be able to renew it, however this is the first I hear of having to give it up before getting my EAD.


- Jesse
Click to expand...
 
You must log in or register to reply here.
Top