Travel with expired advance parole

A

ameneses54

New Member
Dear sir,
My wife was living with me (I'm a US citizen) in Florida for almost for two years and she had
a I-485 and I-130 petition pending aproval. They where filed in Florida.
Due to a family matter she travelled on 1/22/06 urgently to Colombia even though her ADVANCE PAROLE was
expired.

What should I do to bring her back to the USA?

Thank you


Arturo
 
ameneses54 said:
Dear sir,
My wife was living with me (I'm a US citizen) in Florida for almost for two years and she had
a I-485 and I-130 petition pending aproval. They where filed in Florida.
Due to a family matter she travelled on 1/22/06 urgently to Colombia even though her ADVANCE PAROLE was
expired.

What should I do to bring her back to the USA?

Thank you


Arturo
Click to expand...
One should not travel with an expire AP. You will have hard time getting her back now. Probably it will be next to impossible.
 
In this case the best option is to contact a lawyer so he/she can give you an idea of what can be done or the process to follow. And then see if your case can be manage through Consular Processing. It is important to check if your wife never overstayed more than 180 days/ 1 year to avoid the bar of 3/10 years, if that is the case then you will have to apply for a waiver of a extreme hardship. Contact a lawyer, a valid one. You can check on AILA website to try to find one.
Good luck,
 
Just a suggestion...

HI Arturo,

This is just a suggestion. You can fill up the form I-131 and sent it to the USCIS lockbox in Chicago, with relevant supporting documents, since she had an AP before so this one will be a renewal of the AP.

You should receive the AP in about 30-90 days. Then you can send this AP to your wife via FEDEX in Colombia. She can travel back to the US using it.

In my opinion this suggestion is not misleading the USCIS on any way. I think. Good Luck.

Adram
 
This is absolutely incorrect. You CAN NOT send her the AP if you apply for one now and it's approved. The new AP mustbe in hand before you leave the US. This scenario has been discussed many times.


Murthy.com

The applicant must be in the U.S. to file the AP application and obtain the AP document.

The USCIS has issued a reminder pertaining to the necessity for some to obtain advance parole (AP) prior to departing the United States. AP is generally available to persons who have adjustment of status (I-485 application) pending. It is advance permission to reenter the U.S. for purposes of continuing to pursue the application for adjustment of status. The general rule is that persons with adjustment of status cases pending, who depart the U.S. without advance parole, are deemed to have abandoned the adjustment of status application. There is an exception for those maintaining H1B/H-4 or L-1/L-2 nonimmigrant status, who are seeking to return to the U.S. in that status with a valid and unexpired visa stamp in that category.

Any person wishing to travel on AP should file well in advance of the planned travel. The AP applications can be filed at the Service Centers and at district offices, depending upon local procedures. The information for local office procedures is available on the USCIS WebSite.

As an additional reminder, AP does not protect against the imposition of the 3/10-year bar for persons who have been unlawfully present in the U.S. for 180 days or longer and then choose to travel on AP. Therefore, those who may be subject to the bars should not travel until their green cards are approved. There are always risks involved in traveling outside of the United States. If there are questions or any uncertainties it is always best to discuss the situation with an experienced and knowledgeable immigration attorney prior to making travel plans.


Also on Murthy.com

INS considers a pending I-485 to be abandoned when the applicant departs the U.S. unless s/he was granted AP before leaving the U.S. The current method of applying for AP is by filing the Application for Travel Document, Form I-131. It is only upon approval of the I-131 that the traveler receives the AP document, Form I-512. The I-512 states that INS may decide to parole in the person when s/he arrives at the Port of Entry. Note that “parole” is not the same as “admission” and does not guarantee entry. Therefore, under appropriate circumstances, there may be a ground of inadmissibility upon which to deny parole. Although there is discretion under the Immigration and Nationality Act (INA) for the Attorney General to “parole into the United States temporarily under such conditions as he may prescribe on a case-by-case basis for urgent humanitarian reasons,” this provision creates no guarantee that any particular category of people will be granted parole; INS must always make a case by case determination on each request for parole.


© 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved
 
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Sorry to hear that. Seems like your wife's I-485 got abondened. If you leave the country without the advanced parole while your 485 is pending then your 485 is abondoned.
Now she can get the K1 or K3 visa from there and then when she arrive here you can again file the case for her.
Sorry to hear that but please talk to any good lawyer as soon as you can. May be there is something they can do about it.

Good Luck.
 
please advice

My husband is in a similar situation like you had few years back, he traveled on expired AP, please tell em what is your current situation, were you able to get a new Ap? Please help!!
 
ritu12 said:
My husband is in a similar situation like you had few years back, he traveled on expired AP, please tell em what is your current situation, were you able to get a new Ap? Please help!!
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You won't get any answers from the above people. This thread is 4 years old.

What is the basis of your husband's I-485? Employment? Marriage to you? If it's employment, is he the primary applicant, or are you the primary? Are you a US citizen?
 
well he is the beneficiary for the 485, we got our ead's last eyar and were on advance parole. he left on Nov 2nd and his parole had expired on oct 16, he mistook the date on bottom and thought that was the expiration date. They refused to let him enter into US, and i am not a citizen as well. I don't know what can we do to get him back. we applied for a new H1 but it got denied due to some confusion on LCA memo taht wa sreleased on Nov 5 2009 about sendign H1 in 7 busines days. Cant think of any otehr way out.Any suggestions will be appreciaetd. Do you know about any transportation letter or waiver ???
 
ritu12 said:
well he is the beneficiary for the 485,
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The primary beneficiary or derivative? The I-485 is employment based or family based? If it's family-based, which type of relative is the sponsor? Do you have an H1B or L1?

Your answers to those questions will affect his options (or lack thereof) for returning to the US, and may also affect your status.
 
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He is the beneficiary and I am the dependent. 485 is employment based, through H1. I am on EAD now which i think is abandoned due to my husband. He was sent back to india and was refused to enter US in Nov, its been 4 months now. I think I ahve 2 more moneths and after that my status is lost. He needs to get back before that. We have applied for Ap but doesnt look like they will renew it, its been 3 months and I ahev not heard back , status says initial review. I am so confused and looks like we have no opions. One of teh person I know through forums was allowed to enetr US on deffered inspection and while he got to enter, he applied for new AP, and got one, but my husband is outside US and I guess Ap cannot be renewed, but we just gave it a try. Any option u think we have????
 
His I-485 is considered abandoned and thus so is yours. Seek competent respresentation.

ritu12 said:
He is the beneficiary and I am the dependent. 485 is employment based, through H1. I am on EAD now which i think is abandoned due to my husband. He was sent back to india and was refused to enter US in Nov, its been 4 months now. I think I ahve 2 more moneths and after that my status is lost. He needs to get back before that. We have applied for Ap but doesnt look like they will renew it, its been 3 months and I ahev not heard back , status says initial review. I am so confused and looks like we have no opions. One of teh person I know through forums was allowed to enetr US on deffered inspection and while he got to enter, he applied for new AP, and got one, but my husband is outside US and I guess Ap cannot be renewed, but we just gave it a try. Any option u think we have????
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Dear Sir,
I went to Canada last week for 5-days business trip with parole letter expired on 11/08/2009. I mistakenly thought the parole date stamped on my I-512 on 6/29/2009 valid until 6/28/2010 was valid for travel. Finally I was granted a port parole at Totonto Airport. Will this invalidate my I-485 application? I'm very worried. Please advise.

Thanks in advance.
DummyHead
 
Pending I-485; Travel with expired advance parole

Dear Sir,

My wife AP was expired in 03/2010. I applied for new AP on 05/16/2010 and got the receipt notice with the case number. Advance Parole was not yet approved but my wife had to travel to India on family emergency on 06/01/2010.

After I spoke with one my friend I came to know it's hard to get her AP approved as she already left US and her I-485 case will be abondended.

I read this forum and many other forums and everyone says the same...

Can you please advise what other ways that I can get her back to USA?

1) Are there any issues in Advance Parole approval?
2) If AP gets approved, are there any issues during immigration while on her back to USA?
3) If AP NOT approved, what are the ways to get her back to USA?

Myself is primary applicant and my wife is dependant.

Please advise. Thanks in advance.
 
A1: There is always a chance that an AP may denied or delayed.
A2: Well an officer can give her a hard time if he/she realises that your wife left the US before securing her AP document.
A3: Her current I-485 is considered abandoned. Do you have current H-1B status by any chance?

sree7 said:
1) Are there any issues in Advance Parole approval?
2) If AP gets approved, are there any issues during immigration while on her back to USA?
3) If AP NOT approved, what are the ways to get her back to USA?
Click to expand...
 
Hi DummyHead,
Your Parole at the POE is good for 30 days? Is that any conditional Parole ?
Did you get any NOID ?
Did u apply for fresh Advance Parole ?
Did it get approval ?
Did u see any LUDs on your 485 ?

I have spent hours on google to find the answer.. Most I can found is either entering briefly before expiry of AP or questions about combination of H/L validty expiry with AP or entering with new Parole which is approved while abroad ?

Your answers will help lot of users in this forum.
Rao
 
Travel is movement of people between relatively distant geographical locations for any purpose and any duration, with or without any means of transport. Travel also includes relatively short stays between successive movements. Movements between locations requiring only a few minutes are not considered as travel.
 
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