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Traveling with Advance Parole while on AOS

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  • Traveling with Advance Parole while on AOS

    Hi,

    I came to the US on B2 visa then applied for Adjustment of Status after getting married with my American husband. I wasn't overstayed at the time I applied for the green card but now I have been overstayed for 2 months. I received an EAD and Advance Parole already.
    I plan to go back to my home country to visit my family for 2 weeks before I come back here and start my job. Is there any risk to travel with Advance Parole? Anyone has experiences recently?

    Thank you

  • #2
    Originally posted by SW2018 View Post
    Hi,

    I came to the US on B2 visa then applied for Adjustment of Status after getting married with my American husband. I wasn't overstayed at the time I applied for the green card but now I have been overstayed for 2 months. I received an EAD and Advance Parole already.
    I plan to go back to my home country to visit my family for 2 weeks before I come back here and start my job. Is there any risk to travel with Advance Parole? Anyone has experiences recently?

    Thank you
    It should be fine.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by SW2018 View Post
      I wasn't overstayed at the time I applied for the green card but now I have been overstayed for 2 months.
      Just a note that you technically haven't "overstayed" anything. Once you apply for Adjustment of Status, the previous date that you would have had to leave the US on no longer applies. You're in limbo and perfectly legal to remain in the US until a decision on your application has been made.
      Marriage-based AOS - Concurrent filing - Oakland Park, FL

      04/18/18: Sent to Chicago Lockbox
      04/23/18: Priority Date
      04/27/18: 4x I-797 NOA received
      05/04/18: Biometrics notice received
      05/15/18: Courtesy letter for I-693
      05/22/18: Biometrics completed
      05/29/18: Case Ready To Be Scheduled For Interview
      09/25/18: I-765 New Card being produced (via Case Tracker)
      09/26/18: I-765 and I-131 approved (via uscis.dhs.gov)
      10/01/18: Combo card in hand
      06/05/19: Interview scheduled

      Comment


      • #4
        If USCIS didn't want people to use AP, they wouldn't issue it to anyone. Why do people get so worried about this?? If you're that paranoid, then don't leave the US at all. You haven't overstayed, btw. Your status is now "authorized stay" while AoS is pending.

        Comment


        • #5
          Our situation is same and I travel on my Advance parol April with my husband. Everything went fine. One advice though. Do not sign in on the machine as B2. take your documents to the IO at the airport and let him know it?s your first time traveling on the document. Safe travel and enjoy!
          I-485, I-130, I-131, I-765

          State: CT
          Field office: Hartford, ct
          PD: Oct 10, 2017
          NOA: Oct 21
          Bio app - Oct 27 for Nov 7
          Bio completed - Nov 7
          Courtesy letter : nov 10 Re: medical
          SR: Dec 26
          Ap approval notice received: Dec 29 (day 80), with notice date Dec 21
          EAD approval notice received: Dec 29 (day 80)
          Interview notice online July 13
          Interview notice in hand July 20
          Interview completed Aug 28, 2018
          Day 346 - GC Approval (online) September 21, 2018

          Comment


          • #6
            Originally posted by LadyD1 View Post
            Our situation is same and I travel on my Advance parol April with my husband. Everything went fine. One advice though. Do not sign in on the machine as B2. take your documents to the IO at the airport and let him know it?s your first time traveling on the document. Safe travel and enjoy!
            .

            Thank you so much!

            Comment


            • #7
              Originally posted by LadyD1 View Post
              Our situation is same and I travel on my Advance parol April with my husband. Everything went fine. One advice though. Do not sign in on the machine as B2. take your documents to the IO at the airport and let him know it?s your first time traveling on the document. Safe travel and enjoy!
              Thank you so much. I just came back from the trip and had no problem getting in at all

              - - - Updated - - -

              Originally posted by coffeeaddict View Post
              If USCIS didn't want people to use AP, they wouldn't issue it to anyone. Why do people get so worried about this?? If you're that paranoid, then don't leave the US at all. You haven't overstayed, btw. Your status is now "authorized stay" while AoS is pending.



              Thank you so much. I just came back from the trip and had no problem getting in at all

              Comment

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