Question on Advance parole

[immihelp]

We recently applied for an Advance Payrole.( in the month of August) and are planning to visit to our home country which is India in the month of december.

My question is can I travel to India before we get the Advance Payrole and use the AP while returning from India to US, if somebody can mail that document to me to India.

Or should we have to be present at the time we get the AP and then travel to India?

[immihelp]

You can travel after applying for AP, before you receive it.

[smallika]

You would still need a visa for re-entry

What immihelp replied is "a correct statement". You can travel. But, there is more to it depending on your current status (that you have not indicated in your original question).

Here is what I found, as I am in a similar situation. I would appreciate any clarifying info or corrections you can add to this:

Are you on a H1-B or H-4 status?
Is your I-485 pending?

You should obtain AP "prior to departure".
If you are on H1-B or H-4 and your I-485 is pending, you can still travel, but you will need a visa (stamping) to re-enter the US.

I have re-checked with my attorney and he indicated that the I131(AP) application will be considered abandoned(cancelled) if you leave the US before obtaining AP.

But the USCIS customer service(1-800-375-5283) said that I can travel before I131 is approved and use the AP that was sent to me, for re-entry. So, my attorney might be wrong, or I guess he was giving me his "to be on the safer side" suggestion as anything he says is considered a 'legal' advice.

If you and anyone else on this forum also can please verify the same with your attorneys and/or USCIS, that would be helpful to all of us in this situation.

Also, I wish and hope that someone on this forum who was able/unable to re-enter using the AP ( that was approved after leaving US) can reply to this thread that would be helpful too.

[gc_wait]

I had to leave USA to India on an emergency in Sep. My AP was applied & I not approved. It got approved when I was in India & my friend mailed it to me. We came back on AP & there were no issues.

However, I have heard mixed opinions about leaving when AP is still in process. I also know of 2 other people who did the same thing & they didn't have any problem getting back either.

I hope this helps!

[smallika]

Your reply is very helpful

gc_wait, I appreciate you posting this info here directly from your experience. Thanks so much, it is a valuable info.

I wish my attorney had given me the correct info. instead of having to find it out this way.

This also shows why immihelp is such a good place to get all the answers and valuable info.