Travel on AP - need advice, please read

T

tpdude

Registered Users (C)
Hello,

We filed for my family-based AOS in Nov 2004. Also filed EAD + AP petitions at the same time. Got fingerprinting done in early Jan 2005 and received EAD and AP approval soon after. Subsequently, had the AOS interview in June 2005. After the interview, we were told by officer that they were waiting for results from FBI security clearance (name check?) before they could approve the petition (551?).

We plan to travel abroad and visit the family this holiday season. Since this is the first time I would be travelling on AP, I have a couple concerns and would appreciate if someone could provide some guidance re. same:
1. The AP is approved and we plan on returning to the US prior to the expiration date on the AP. Is it OK to travel or is AP strictly meant for "emergency" travel and not "family vacation" type of trips?

2. What documents should we carry in addition to the AP and passport? Specifically, should we carry (photocopies of?) notices we received since filing the petition? Employment letter, pay stubs etc?

3. What kind of questions might the immigration officer ask us at the port of entry into the U.S. and how should we answer them? Would we need to provide documented proof of why we made the trip?

4. Previously, while I was traveling on visa, I would fill out the form for I-94 in the plane while returning to the U.S. Would I need to fill out something similar in this trip? Similarly, at the port of entry, would I go to the non-immigrant queue or immigrant/U.S. Citizen queue?

Would appreciate any feedback and help.

Thanks,
-Topper
 
I went India in June'2005 and come back using AP visa in July in Atlanta. I did not have any problem at all during the immigration.
I was asked to goto a room and submit the Passport and the AP visa in a folder and wait.
The Immigration officer did not ask me any question and stamped on the Passport and on AP.
My family also did not have any problem when they come back in August.

I have carried the following docs as adviced by my attorney:

Copies of approved I-140, I-485 receipt, EAD and last pay stubs.

I have also carried a company EVL, copies of last 3 years W2, 1040 (tax return), all H1s which are not rerquired.

I will let you know if I remeber any other documents.

Thanks
 
situn said:
I went India in June'2005 and come back using AP visa in July in Atlanta. I did not have any problem at all during the immigration.
I was asked to goto a room and submit the Passport and the AP visa in a folder and wait.
The Immigration officer did not ask me any question and stamped on the Passport and on AP.
My family also did not have any problem when they come back in August.

I have carried the following docs as adviced by my attorney:

Copies of approved I-140, I-485 receipt, EAD and last pay stubs.

I have also carried a company EVL, copies of last 3 years W2, 1040 (tax return), all H1s which are not rerquired.

I will let you know if I remeber any other documents.

Thanks
Click to expand...

Please make sure whether you need any transit visa. Without transit visa you cannot enter UK,Germany, France with Advance Parole.

Thanks!
 
tpdude said:
Hello,

We filed for my family-based AOS in Nov 2004. Also filed EAD + AP petitions at the same time. Got fingerprinting done in early Jan 2005 and received EAD and AP approval soon after. Subsequently, had the AOS interview in June 2005. After the interview, we were told by officer that they were waiting for results from FBI security clearance (name check?) before they could approve the petition (551?).

We plan to travel abroad and visit the family this holiday season. Since this is the first time I would be travelling on AP, I have a couple concerns and would appreciate if someone could provide some guidance re. same:
1. The AP is approved and we plan on returning to the US prior to the expiration date on the AP. Is it OK to travel or is AP strictly meant for "emergency" travel and not "family vacation" type of trips?
AP is for travel while your GC application is pending. It is not limited to only emergency travel.

2. What documents should we carry in addition to the AP and passport? Specifically, should we carry (photocopies of?) notices we received since filing the petition? Employment letter, pay stubs etc?
Carry I-485 receipt to show that you applied for AOS and it is pending. You may want to carry other receipts as well. Paystubs are not a must, unless you are travelling on an employment visa and the officer wishes to check if you are still employed.

3. What kind of questions might the immigration officer ask us at the port of entry into the U.S. and how should we answer them? Would we need to provide documented proof of why we made the trip?
You dont have to show proof of why you made this trip. You only have to show your AP, I-485 receipt notice and your passport. Remember to show only what you are asked. Nothing more nothing less

4. Previously, while I was traveling on visa, I would fill out the form for I-94 in the plane while returning to the U.S. Would I need to fill out something similar in this trip? Similarly, at the port of entry, would I go to the non-immigrant queue or immigrant/U.S. Citizen queue?
You would still have to filll out I-94 and wait in the non-immigrant line as you are not an immigrant yet.

Would appreciate any feedback and help.

Thanks,
-Topper
Click to expand...
 
Thanks for the replies, everyone!

I would appreciate it if you would clarify one more thing. The last time I entered the U.S. was on a non-immigrant visa and have an I-94 in my passport. As I understand, the I-94 is used to track the departure of non-immigrants from the U.S.

Would I need to submit the I-94 when I depart from the U.S.? Would doing so create confusion re. overstay (since the non-immigrant visa and I-94 have expired) inspite of the fact that I have a pending family based adjustment of status petition?

Thanks again,
-Topper
 
tpdude said:
Thanks for the replies, everyone!

I would appreciate it if you would clarify one more thing. The last time I entered the U.S. was on a non-immigrant visa and have an I-94 in my passport. As I understand, the I-94 is used to track the departure of non-immigrants from the U.S.

Would I need to submit the I-94 when I depart from the U.S.? Would doing so create confusion re. overstay (since the non-immigrant visa and I-94 have expired) inspite of the fact that I have a pending family based adjustment of status petition?

Thanks again,
-Topper
Click to expand...

It shouldnt matter. If asked, you could show your I-485 recipt notice and tell them you have applied for GC. During departure there is not much fuss if you have overstayed. The fuss is when you enter US and the officer at POE sees on his system that you have overstayed the previous time. Then he looks at your AP and sends you over for secondary inspection where your records are verified and you would be cleared if there was nothing else suspicious with your case.

Good Luck!
 
Tp dude

When you applied for the family based green card did you have a no expired I-94?

If you applied for immigration papers with a expired I-94(more then 180 days or more then one year)you should NOT leave the country until you get you passport stamp with the I-551 or greencard.

Even if they give you a Advance parole DO NOT travel out the country if the case above apply to you.


If not then have a good trip.

Bellow you have a link to the Oficial Immigration site that explain that subject


http://uscis.gov/graphics/publicaffairs/advisories/advisory.htm
 
Thanks for the replies.

ari4u or situn - On the I-94 form, I believe there's a question for a) type of visa and b) Place where visa issued? Any idea on what I would fill out for these questions if I'm travelling on AP?

dip92 - I looked into the transit visa requirement. Based on information from various sources (incl posts on this forum) it seems there is not transit visa requirement for travel via Amsterdam. Thanks for making me aware of it though.

krona12345 - I filed my I-485 petition almost 4 months before the I-94 expired.

Thanks again,
-Topper
 
tpdude said:
Thanks for the replies.

ari4u or situn - On the I-94 form, I believe there's a question for a) type of visa and b) Place where visa issued? Any idea on what I would fill out for these questions if I'm travelling on AP?
Click to expand...

Im sure Amishah would be able to answer this question for you as her husband recently entered US using AP. Amishah... help??...
 
ari4u or situn - On the I-94 form, I believe there's a question for a) type of visa and b) Place where visa issued? Any idea on what I would fill out for these questions if I'm travelling on AP? I left both blank when I entered the country a week ago and the officer said that was fine.
 
ari4u said:
Im sure Amishah would be able to answer this question for you as her husband recently entered US using AP. Amishah... help??...
Click to expand...

I have an unused copy of I-94 i saved from my last trip and i did not see a section where it asks for type of visa. All it asked was "place where visa was issued". You may want to leave it blank and ask the officer at the POE.
 
Re-entry with Advance Parole

I just came back from India and used my Advance Parole to re-enter. You still need to fill the I-94. Just leave the visa issue details blank and fill the rest of the information. My port of entry was LAX and they had a separate line for Parole applicants. All the immigration officer asked me was my Social Security Number. The whole process was pretty smooth.

I hope that helps.
-Ritesh
 
Do they check AP when leaving US?

Hi Friends,
My wife and my son left for India for a month vacation on AP. While departing the airlines check in people did not check the AP at all nor did they ask anything about it.
I am very much concerned about whether they need to retain a copy of the AP or not?
Please advise.
shankar123

:confused: :confused:
 
Do they check AP when leaving US?

Hi Friends,
My wife and my son left for India for a month vacation on AP. While departing the airlines check in people did not check the AP at all nor did they ask anything about it.
I am very much concerned about whether they need to retain a copy of the AP or not?
Please advise.
shankar123
 
shankar123 said:
Hi Friends,
My wife and my son left for India for a month vacation on AP. While departing the airlines check in people did not check the AP at all nor did they ask anything about it.
I am very much concerned about whether they need to retain a copy of the AP or not?
Please advise.
shankar123
Click to expand...

Dont worry. They only check for AP when you enter US.

When leaving US, you have to surrender your I-94.
 
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