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Travelling While GC is in progress
Hello All,
I have applied Green Card for me and my family (wife and 2 kids) in Eb1, I140 approved and received EAD for me & my wife. I-131 is not approved yet but EAD card contain option (Servers As I-512 Advance Parole) Yet to receive green card, at this point, my family is planning to travel India for 3 months due to some medical reason.
Current Visa status is available (extended till 2016)
1. Can we travel 3 month to India and re-enter in US using EAD without any issues?
2. EAD (Servers As I-512 Advance Parole) is applicable for me & my wife, what is the process to take my kids along with me to India ?
3. Do I need to get stamping for my old visa extension (even though I have EAD which Servers As I-512 Advance Parole)
Note: As per USCIS: As with the current Advance Parole document, obtaining a combined Advance Parole and employment authorization card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. Upon returning to the U.S., the individual who travels with the card must present the card to request parole through the port-of-entry. The decision to parole the individual is made at the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.
Kindly clarify.
I have applied Green Card for me and my family (wife and 2 kids) in Eb1, I140 approved and received EAD for me & my wife. I-131 is not approved yet but EAD card contain option (Servers As I-512 Advance Parole) Yet to receive green card, at this point, my family is planning to travel India for 3 months due to some medical reason.
Current Visa status is available (extended till 2016)
1. Can we travel 3 month to India and re-enter in US using EAD without any issues?
2. EAD (Servers As I-512 Advance Parole) is applicable for me & my wife, what is the process to take my kids along with me to India ?
3. Do I need to get stamping for my old visa extension (even though I have EAD which Servers As I-512 Advance Parole)
Note: As per USCIS: As with the current Advance Parole document, obtaining a combined Advance Parole and employment authorization card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. Upon returning to the U.S., the individual who travels with the card must present the card to request parole through the port-of-entry. The decision to parole the individual is made at the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.
Kindly clarify.
