Travelling on Current AP. Applied for new AP but not recd. Is it ok to travel

[SandeepPayal]

My current AP expires Dec 4th and i have applied for new AP. Can i travel on current AP even if th enew one is not recd yet and come back on the new one that may come after i leave the country. As per my lawyer that is ok. To travel on the current AP and then my husband canbring the new approved AP and come back in Feb on the new AP.

I am not sure as i have read different things. Can anyone help on this.

 

[Jackolantern]

Unfortunately you're not allowed to do that, unless USCIS has since relaxed the rules to allow that kind of scenario.

http://www.murthy.com/news/n_favint.html

The USCIS stated that if a person has an advance parole and applies for a new advance parole while in the United States, s/he may travel and reenter the U.S. using the already approved advance parole. The person must return during the time period permitted under that advance parole that was approved before the person's departure. The USCIS specified that the person cannot remain abroad after the expiration of the first advance parole and then seek to enter on the second one after it is approved.

People probably have done what you're proposing and didn't get refused entry or have their I-485 denied, but that's just because they're lucky the POE officer and adjudicating officer weren't aware of all the facts (i.e. that the departure from the US happened before the new AP was approved) or didn't know the rule for this nuanced scenario. But you can't rely on being as lucky as they were.