Adavance Parole expires while in China

[yogurtyoga 4]

I sent my I-485 documents 12 months ago and AOS is still pending. 

My advance parole will expired in May, 2017. I applied for a new one in January, 2017, but the renewal application is also pending.

Because of family emergency, I need to travel back to China for several months. I plan to leave the U.S. on April, 5th, 2017 and come back on July, 15, 2017.

Can I entry the U.S. with my expired advance parole? 

Or my husband can scan the new card and I show the photocopy of the new card when I enter the U.S.?

Thank you!

Edited March 14, 2017 by yogurtyoga

[yogurtyoga 4]

I found some not so good news in the following link.

According to this link, if I don't come back to the U.S. before old card's expiration date to get the new advance parole in person, I will risk giving up the renewal application.

Or worse, I will risk giving up the whole green card application automatically.

Is it true?

Thank you!

 

http://www.immigration-information.com/forums/threads/advance-parole-expired-while-abroad.12401/

 

 

Edited March 14, 2017 by yogurtyoga

[yogurtyoga 4]

Anybody helps? Thank you:)

[p-ana 933]

You won't be able to get back in if the ead is expired. Is your extended stay outside more important than getting the green card and being a permanent resident in the us? If so, just go and stay there as long as needed. When you're ready, if that's the plan, apply for a cr1 visa.

if you do want to be a permanent resident, travel and be back before the ead expires or wait out your new ead. Also, be prepared to come back earlier than wanted if you have an interview scheduled

[yogurtyoga 4]

p-ana, thank you so much for your reply.

I do want to be a permanent resident and doesn't want to risk losing the whole I-485 application.  Applying for CR1 needs more than one year and I couldn't come to the U.S. visit my husband, that is painful.

Seems like the way of asking my husband to scan the new card and enter the U.S. with a photocopy of a new card doesn't work?

If so, two options seems more feasible:

1. I travel to China with old card and come back to the U.S. right before the expiration date of my advance parole, wait in the U.S. to get the new card, then travel to China again with new card. This way I can spend more time with family.

2. I wait here in the U.S. until I get the new card and travel to China. This way, I save the cost of an extra trip back and forth.

 

 

Edited March 14, 2017 by yogurtyoga

[yogurtyoga 4]

I am so upset that my I-485 and the combo card renewal are both slow.

[p-ana 933]

One of the downsides of the k1 route is having to adjust status and waiting for the whole process. Some will be lucky and go through it quickly, but others will have a long wait ahead.

 

I don't think sending the new card while you're there would work. They can check the dates you left, the date they sent the new document, see you were outside and then it may be a problem. This is my opinion and I don't know for sure that would happen, but I wouldn't jeopardize the aos over this.

 

the best option, in my opinion, is to wait for the new ead and then travel. While traveling, have someone looking into your mail, in case your interview is scheduled, so you can make arrangements to be back and ready for the interview (changing the date is also not advised).

 

good luck

[yogurtyoga 4]

15 minutes ago, p-ana said:

One of the downsides of the k1 route is having to adjust status and waiting for the whole process. Some will be lucky and go through it quickly, but others will have a long wait ahead.

 

I don't think sending the new card while you're there would work. They can check the dates you left, the date they sent the new document, see you were outside and then it may be a problem. This is my opinion and I don't know for sure that would happen, but I wouldn't jeopardize the aos over this.

 

the best option, in my opinion, is to wait for the new ead and then travel. While traveling, have someone looking into your mail, in case your interview is scheduled, so you can make arrangements to be back and ready for the interview (changing the date is also not advised).

 

good luck

 

 

p-ana, thank you so much.  Yes, I agree that I should not jeopardize the AOS for this travel.

 

I use the "case tracker" app to check and found that they are still dealing with cases that were received in November, 2016.  

 

My sent my application in January, 2017. So I will have to wait for 3 more months to get the new card.

 

I am thinking travel to China in March, 2017 and come back to the U.S. in early May, maybe about 3 days before my current advanced parole expires. Do you think there will be any risk in this plan? 

 

Thank you!

 

 

[Ebunoluwa 6,136]

Three days before is cutting it close, I would make it a week before. You have to figure in possible potential flights

and other unforeseen issues.

[yogurtyoga 4]

1 hour ago, Ebunoluwa said:

Three days before is cutting it close, I would make it a week before. You have to figure in possible potential flights

and other unforeseen issues.

Ebunoluwa, thank you so much. Yes, you are right, three days before seems to be cutting it too closed.  

You seem to walk a long way for about 20 months to get the green card. I wish you get permanent green card very soon.

[SparklePony 238]

Can you not follow the same procedures as the emergency AP?

[f f 725]

14 hours ago, SparklePony said:

Can you not follow the same procedures as the emergency AP?

a family emergency that he is able to wait a month before going back might not qualify for uscis.

[yogurtyoga 4]

15 hours ago, SparklePony said:

Can you not follow the same procedures as the emergency AP?

 

Thank you so much, SparklePonly, that is my second AP, I already have a vallid AP at hand, I think the USCIS would just say "use the current one" instead of speeding up to process my renewal application.

[SparklePony 238]

I guess it was worth a try...

[meimeiliu 3]

taking a picture and make a photocopy wont work, in case you havent got the definite answer. you need the card in your hand to show them.

the two options you listed arent bad. i agree with coming back a week earlier like the other commenter said. you do not want to jeopardize your whole AOS process. if you can wait to travel then wait for the new card to come to be more certain.