travelling without advance parole

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doggone61

Registered Users (C)
Hi guy's,I am a I-485 applicant,just wondering if it is possible for my 2 childeren to travel outside the US without me ,without having advance parole?I will be here in the US so will there be a problem with them coming back in?And does anyone know how long it takes to get advance parole after filing for it?
Thanks,:)
 
No, it is not possible for them to travel without AP unless you are in valid H-1B status (or L status) which will enable them to obtain H4 visas.

Your children, even though they are derivative applicants, are still individual independent applicants for adjustment of status. This means their responsibilities regarding maintaining an active application without abandonment are equal to anybody else with an I-485 application regardless of age or category of application. If they don't want to abandon their applications, they must have an approved AP before leaving the US, or have the ability to obtain H-4 visas in order to return.

AP times vary by service center and time of application. In my experience, AP has taken as little as 14 days and as long as 70 days. You must apply to the service center that has jurisdiction over your state of residence, but TSC is generally faster in my own experience.
 
thanks

thanks so much for that info,my husband and i have tried to get info from different sources,including USCIS and have had a number of different answers,it's been so confusing.Also,what is TSC?I'm a new user here and am not sure of all the different letter shortenings.Thanks again;)
 
TSC means Texas service center. And Yes they need an approved AP before they leave the US. You can't sent it out later to them. I just got back from a trip overseas and I can tell you they are getting pretty tough on people with AOS. I just came back from Europe and I was ask to show AP papers at the immigration booth when I landed and on the way back to the US when checking in at the airport in Europe (they want to make sure that if they transport you to the US that you are allowed in) and then when I arrived here in the US (PHIL)
Upon arrival in the US I was asked 2x to show the AP papers. Once at the immigration booth and then I was sent to a second room where I was extensively questioned and had to show AP again before my passport could be stamped.
Hopes this helps.
 
doggone61 said:
Hi guy's,I am a I-485 applicant,just wondering if it is possible for my 2 childeren to travel outside the US without me ,without having advance parole?I will be here in the US so will there be a problem with them coming back in?And does anyone know how long it takes to get advance parole after filing for it?
Thanks,:)
Click to expand...

you need to provide info:
your I-485 is filed and pending. Are you Primary applicant?
are you on H1 status or you are working with EAD?
your children I-485 is filed or not filed?
are they on H4 status?
do they have Valid H4 visa stamps in passports?

AP is based on pending I-485. if your children I-485 is pending then they should file for AP while they are in US and they need approved AP in hand before they go out of US.
If you are working on H1 status then your children can get H4 visa stamp from US consulate and can enter on H4 status (keeping valid AP will be good back up plan if any problems for Visa stamping.
 
greatly appreciated advice

Thanks for that advice guys ,it's helped put us on the right track.A couple more questions.....With filing for the AP ,can we with file with Texas or do we have to file with Chicago which is where we have filed everything else?And also,can the AP be recieved quicker if we pay the extra fee?
My son's have been booked on a christmas flight by a family memeber in the UK so now I'm scared they won't make it.
Thanks again.
 
advance parole

We have filed our I-485 so I'm not sure if that is H1 status.My husband is a citizen and we married here in nebraska a year ago so me and the kids are just waiting to become permanent residents now so time wasn't a problem until this holiday to the UK came up.
So is what you are saying, that if my kids are H1 status then they only need their passports stamped at our nearset consulate and not an AP?
Sorry to sound like such a simpleton,I'm really not...lol:D
 
H1 is a temporary visa that allows foreign professionals to work in the US, and their spouse and children can get H4 visas to accompany them. If one has a valid H1 or H4 visa in one's passport, Advance Parole is not necessary to travel outside the US and return.

Obviously your citizen husband does not have H1 status, and if you don't know what H1 is then you don't have it either. So your children will need Advance Parole. However, if your children are also your current husband's children and he was already a US citizen when they were born, it is possible they may have derived US citizenship from him. In which case they would need a US passport to travel.
 
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Thanks Mate

Okay,yes,i was just reading up on those visa's and understand there ain't no I'm getting out of getting the advance parole....lol.A big Aussie thanks for taking the time to answer my silly questions;)
 
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