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VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card

waytpakz
hi everyone.. this is my case.. im scheduled for a biometrics code 3 this thursday NOV 8 2007.. do i have the option to leave the country after that? if so what do i have to do? and if i get an AP, do i still have to wait for my interview after the biometrics or i can leave prior to the interview? help. thanks..
waytpakz
and how long will it take me to get an Advance Parole?

john_and_marlene
What visa did you enter with?
waytpakz
K2 visa... dependent... and my mom is K1
waytpakz
and when applying for an AP there is an option the get ur AP document from the embassy consulate in your country right? so can i go home after my biometrics and just wait for the AP in my country?
waytpakz
and when applying for an AP there is an option the get ur AP document from the embassy consulate in your country right? so can i go home after my biometrics and just wait for the AP in my country?
john_and_marlene
You must have either Advance Parole or Permanent residence card before you leave. If you leave without one of them, you will not be permitted to reenter the U.S.

You cannot leave and wait for AP in your country. You MUST have it before you depart. It must be dated before your departure from the U.S.
waytpakz
ohh i see i got it.. thank you so much.. but what is the option of sending the AP in your country for? there is an option on ur form right? and i have 1 more question.. my visa is k2.. and i already turned 21 last july 2007 and i applied my AOS august.. i heard some cases of denied AOS because the k2 holder is no longer a child.. any idea bout that?
john_and_marlene
QUOTE(waytpakz @ Nov 8 2007, 10:19 AM) *
ohh i see i got it.. thank you so much.. but what is the option of sending the AP in your country for? there is an option on ur form right? and i have 1 more question.. my visa is k2.. and i already turned 21 last july 2007 and i applied my AOS august.. i heard some cases of denied AOS because the k2 holder is no longer a child.. any idea bout that?


The I-131 is used for both Advance Parole and reentry permits. An LPR can apply for and/or receive a reentry permit at the foreign consulate. Advance Parole and a reentry permit are not the same thing. For AP you must have it before leaving.

You are correct. You have aged out and will not be approved for AOS.
kim&james
QUOTE(john_and_marlene @ Nov 9 2007, 01:28 AM) *
QUOTE(waytpakz @ Nov 8 2007, 10:19 AM) *
ohh i see i got it.. thank you so much.. but what is the option of sending the AP in your country for? there is an option on ur form right? and i have 1 more question.. my visa is k2.. and i already turned 21 last july 2007 and i applied my AOS august.. i heard some cases of denied AOS because the k2 holder is no longer a child.. any idea bout that?


The I-131 is used for both Advance Parole and reentry permits. An LPR can apply for and/or receive a reentry permit at the foreign consulate. Advance Parole and a reentry permit are not the same thing. For AP you must have it before leaving.

You are correct. You have aged out and will not be approved for AOS.


And to expand on what John and Marlene have said. Do not leave the country until your status is absolutely sorted out with the USCIS especially with the age out problem.
You might want to seek the advise of a immigration attorney.
waytpakz
alright.. thanks for ur advice biggrin.gif
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