Why do we need AP to travel while in the process of adjusting status?

[Etan23]

I just don't get it why we can't travel out of US when we are adjusting our status?
Did someone misused this privilege years ago (like carry drugs, etc)?

What are they trying to avoid exactly?

[francesjacobgreene]

I just don't get it why we can't travel out of US when we are adjusting our status?
Did someone misused this privilege years ago (like carry drugs, etc)?

What are they trying to avoid exactly?

It's because in order to adjust status from nonimmigrant to immigrant (green card holder), you have to actually have nonimmigrant status to adjust. If you aren't in the U.S., then you don't have nonimmigrant status. The AP lets the immigration service know that you plan to travel abroad but will be returning - that you aren't abandoning your adjustment of status application. Without filing for the AP, they have no way to know that you are returning, so they'll believe left the US for good and will deny the AOS.

[UScitizenFilingforspouse]

I just don't get it why we can't travel out of US when we are adjusting our status?
Did someone misused this privilege years ago (like carry drugs, etc)?

What are they trying to avoid exactly?

If you were the only applicant, what would happen? Well, there would be no wait for your file to be reviewed, biometrics on week 2, you'd have your interview on week 3 and Green card within 5 days after that. So that tells you that it's not about not letting you travel. You are a future US citizen. They have to put you in the system - so to speak. They need your biometrics. That's the only way they will know that you are YOU and that when YOU return with that highly coveted green Green Card (it was not always green), that it actually belongs to you. Years ago, 30 years ago maybe, you had to expose your ear for passport pictures. Why? Because that would show if you had gotten plastic surgery and ears are unique - I guess.

[Etan23]

If you were the only applicant, what would happen? Well, there would be no wait for your file to be reviewed, biometrics on week 2, you'd have your interview on week 3 and Green card within 5 days after that. So that tells you that it's not about not letting you travel. You are a future US citizen. They have to put you in the system - so to speak. They need your biometrics. That's the only way they will know that you are YOU and that when YOU return with that highly coveted green Green Card (it was not always green), that it actually belongs to you. Years ago, 30 years ago maybe, you had to expose your ear for passport pictures. Why? Because that would show if you had gotten plastic surgery and ears are unique - I guess.

Well, I get it why all of these are important. Especially biometrics, that's highly important.

But Advance Parole to travel outside US while we are applying? Why is that necessary?
It takes months for regular AP to be approved. My uncle, whom I lived with for my entire life, is dying from stage IV Brain Tumor. I applied expedite AP TWICE, and it got denied. Why? Because he is not my immediate family. Why though? He is my legal guardian, I treat him like my own dad, he treats me like his own daughter, and he wishes to see me.

I provided all documentations (proof of guardianship, lab result, doctor's note, pictures, birth certificate, etc), and it still got denied.

USCIS does not know the feelings that I feel towards my uncle, they don't know my childhood history.

If it's about 'not abandoning your adjustment of status application' it won't be this complicated to get an AP.

[krypton9591]

Well, I get it why all of these are important. Especially biometrics, that's highly important.

But Advance Parole to travel outside US while we are applying? Why is that necessary?
It takes months for regular AP to be approved. My uncle, whom I lived with for my entire life, is dying from stage IV Brain Tumor. I applied expedite AP TWICE, and it got denied. Why? Because he is not my immediate family. Why though? He is my legal guardian, I treat him like my own dad, he treats me like his own daughter, and he wishes to see me.

I provided all documentations (proof of guardianship, lab result, doctor's note, pictures, birth certificate, etc), and it still got denied.

USCIS does not know the feelings that I feel towards my uncle, they don't know my childhood history.

If it's about 'not abandoning your adjustment of status application' it won't be this complicated to get an AP.

you could always reapply for expedited AP for a third time. Unfortunately though rules are rules and you are required to Have AP in order to travel while applying for Adjustment of Status. Best of Luck and may your uncle recover fully.

[newacct]

I just don't get it why we can't travel out of US when we are adjusting our status?
Did someone misused this privilege years ago (like carry drugs, etc)?

What are they trying to avoid exactly?

With what document would you return to the US?

It's not completely true that you cannot travel out of the US without AP when adjusting status. If you have H1b/H4/L1/L2/K3/K4/V status when you leave, you can use the same type of visa to re-enter the US, without AP, and it won't cause your AOS to be abandoned. These also happen to be the types of nonimmigrant visas that are not subject to immigrant intent. So entering on them to immigrate is fine.

If you use any other nonimmigrant visa to re-enter, then that is inconsistent with Adjustment of Status, since those visas are not supposed to be used to immigrate. So if you don't have the above types of visas, the only document you can use to re-enter is AP.

[UScitizenFilingforspouse]

Well, I get it why all of these are important. Especially biometrics, that's highly important.

But Advance Parole to travel outside US while we are applying? Why is that necessary?
It takes months for regular AP to be approved. My uncle, whom I lived with for my entire life, is dying from stage IV Brain Tumor. I applied expedite AP TWICE, and it got denied. Why? Because he is not my immediate family. Why though? He is my legal guardian, I treat him like my own dad, he treats me like his own daughter, and he wishes to see me.

I provided all documentations (proof of guardianship, lab result, doctor's note, pictures, birth certificate, etc), and it still got denied.

USCIS does not know the feelings that I feel towards my uncle, they don't know my childhood history.

If it's about 'not abandoning your adjustment of status application' it won't be this complicated to get an AP.

I am so sorry about your uncle. And here comes a generalization - it?s not open for discussion. Unfortunately, what your typical middle-America US-born American regards as family, does not hold a candle to the strength of family ties in many countries outside the US where elders and extended family are your family.
Don?t forget that Americans put away elders to die alone in homes, and most of us, honor them by bringing them in to live with us, so that they may enjoy their grandchildren.
I think you should reach out to your Congres person. The letter should come from your petitioner on your behalf if your AOS is marriage based. Both of you may sign it.

All the best.

[Etan23]

I am so sorry about your uncle. And here comes a generalization - it?s not open for discussion. Unfortunately, what your typical middle-America US-born American regards as family, does not hold a candle to the strength of family ties in many countries outside the US where elders and extended family are your family.
Don?t forget that Americans put away elders to die alone in homes, and most of us, honor them by bringing them in to live with us, so that they may enjoy their grandchildren.
I think you should reach out to your Congres person. The letter should come from your petitioner on your behalf if your AOS is marriage based. Both of you may sign it.

All the best.

Thanks for your advice. I did ask the congress for help. They filed my case and I am waiting for their response now. I am crossing my finger.

[UScitizenFilingforspouse]

Thanks for your advice. I did ask the congress for help. They filed my case and I am waiting for their response now. I am crossing my finger.

You are very welcome! I am glad to be of assistance. You will see that USCIS takes inquiries from congresspersons very seriously. They have to issue a response within 48 hours. By the time, approving your request takes them just as long as brushing you off. They typically mumble under their breaths saying it's within processing time and **** *ally, it gets adjudicated but NOT because the congressperson inquired BUT because they're so efficient.

All the best. Keep me posted, please.

[Etan23]

It's been 10 days since I asked the congressman for help. I got called yesterday by the congressman intern saying that USCIS has not response their case. However I got a mail to fax additional documents (doctor's diagnosis and treatment plan). I faxed it this morning. I don't know how long will be their next response. Finger crossed.

You are very welcome! I am glad to be of assistance. You will see that USCIS takes inquiries from congresspersons very seriously. They have to issue a response within 48 hours. By the time, approving your request takes them just as long as brushing you off. They typically mumble under their breaths saying it's within processing time and **** *ally, it gets adjudicated but NOT because the congressperson inquired BUT because they're so efficient.

All the best. Keep me posted, please.