Leaving country (with valid visa) while AP is still pending

[Sherbs]

Talk to me about AP. I'm re-filing I-485 after denial (wrongful decision on USCIS's part grrr).

My lawyer said I should apply for Advanced Parole alongside my EAD together with the I-485 application as it's better to have it than not have it.

I will remain in H status for the next two years so I am able to come in and out of the country while the case is in progress without my I-485 being considered abandoned.

I already have several trips planned. As I understand it, if I apply for AP and then leave the country while the AP request is pending (which I will do), the AP request will be denied.

My lawyer said that I should request it anyway as they often don't notice that a trip has been taken.

I am worried that if I do request AP and take a trip (which I will) it will affect my I-485: USCIS might just say it's abandoned simply because I have *applied* for AP and left the country even though I did so using a valid visa.

Any thoughts?

[newacct]

As I understand it, if I apply for AP and then leave the country while the AP request is pending (which I will do), the AP request will be denied.

USCIS used to say that it wouldn't get denied in such a case. But starting last year, some service centers have been denying them for people who have left the country. NSC has agreed to stop denying them (https://www. **** **.com/2017/08/25/...erseas-travel/), but TSC is still denying them for this reason (https://www. **** **.com/2017/10/30/...erseas-travel/).

I am worried that if I do request AP and take a trip (which I will) it will affect my I-485: USCIS might just say it's abandoned simply because I have *applied* for AP and left the country even though I did so using a valid visa.

No. The fact that AOS won't be abandoned if you have H or L status when you left and you re-enter with that same type of visa, is clearly written in federal regulations. 8 CFR 245.2(a)(4)(ii)(C). It's not for anyone to "say" otherwise.

[Sherbs]

USCIS used to say that it wouldn't get denied in such a case. But starting last year, some service centers have been denying them for people who have left the country. NSC has agreed to stop denying them (https://www. **** **.com/2017/08/25/...erseas-travel/), but TSC is still denying them for this reason (https://www. **** **.com/2017/10/30/...erseas-travel/).


No. The fact that AOS won't be abandoned if you have H or L status when you left and you re-enter with that same type of visa, is clearly written in federal regulations. 8 CFR 245.2(a)(4)(ii)(C). It's not for anyone to "say" otherwise.

Your links do not resolve. Please re-post.

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Talk to me about AP. I'm re-filing I-485 after denial (wrongful decision on USCIS's part grrr).

My lawyer said I should apply for Advanced Parole alongside my EAD together with the I-485 application as it's better to have it than not have it.

And just found out that my EAD is still pending so at this point I am not sure why the lawyer is suggesting I file again for it. Surely filing for one when one is still pending is going to cause admin chaos and may result in denial of both.

[newacct]

Your links do not resolve. Please re-post.

This forum censors the name of that site. Please Google for " **** ** Takes Action: NSC Agrees to Stop Denying Advance Parole Applications Based on Overseas Travel" and "Texas Service Center Still Denying Advance Parole Applications Based on Overseas Travel". But the point is that, yes, USCIS is recently denying APs for people who travel abroad (on H or L status) while the AP was pending.

And just found out that my EAD is still pending so at this point I am not sure why the lawyer is suggesting I file again for it. Surely filing for one when one is still pending is going to cause admin chaos and may result in denial of both.

If you already applied for EAD then you shouldn't apply for EAD again. You would just apply for Advance Parole by itself.

[boogiewoogie]

there's a similar discussion to be found here: https://www.immihelp.com/forum/showt...veling-on-H1-B