Travelling on Advance parole

queries

Registered Users (C)
Hi all
I came on visitors visa and then changed my status to student and then to H4 status on the basis of my husband's H1 status. He came on student visa. I dont't have H4 visa stamp in my passport and my husband doesn't have H1 visa stamp in his. We just received our Advance parole and EAD documents on basis on pending I 485. As we don't want to go to US consulate in India to get stamping in fear of rejection as I came on visitors ,we were planning to travel to India on basis of Advance parole. However, we have always maintained immigration status.

My questions are as follows:

 Would we be allowed to re-enter US by the immigration authorities in India and at the port of entry in US on the basis of advance parole documents, taking into consideration that our current status is H4 and H1 which doesn't expire till Mid 2006?

 Do we have to reappear for a visa interview with the US consulate in India or our advance parole documents would suffice the purpose?

I will really appreciate if anyone gives a reply.
 
u dont have to go for Visa if u have AP and I dont think there is any problem when you use your AP while returning to USA.

but hey !! there are always risks.

its always better to speak to a good attorney before you leave !!

Good Luck !


queries said:
Hi all
I came on visitors visa and then changed my status to student and then to H4 status on the basis of my husband's H1 status. He came on student visa. I dont't have H4 visa stamp in my passport and my husband doesn't have H1 visa stamp in his. We just received our Advance parole and EAD documents on basis on pending I 485. As we don't want to go to US consulate in India to get stamping in fear of rejection as I came on visitors ,we were planning to travel to India on basis of Advance parole. However, we have always maintained immigration status.

My questions are as follows:

 Would we be allowed to re-enter US by the immigration authorities in India and at the port of entry in US on the basis of advance parole documents, taking into consideration that our current status is H4 and H1 which doesn't expire till Mid 2006?

 Do we have to reappear for a visa interview with the US consulate in India or our advance parole documents would suffice the purpose?

I will really appreciate if anyone gives a reply.
 
queries

Thanks for your reply. I already spoke with two attorneys and they said it is safe to travel on AP. However, before few days I spoke with an immigration officer and he sugguested to get an visa from US consulate. So it is really confusing.

Thank again
 
I travelled on AP along with my wife to Romania and back, I used my AP with abs. no problem.Remember to take your EAD with you (in case they ask) and if possible , the I -485 application. They never asked me for it ,but as a precaution it does not hurt. And be cool, thats the most important thing. If you start getting nervous, they start to suspect .
 
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