Problems with Advance Parole

[dakobert 6]

Hi folks,

I have a question regarding the Advance Parole. I wanted to visit Mexico for a couple of days, and I called the POE in San Ysidro to inquire about returning with Advance Parole. They told me, during pending AOS, I should not leave the U.S. and I will not be granted return to the U.S. even with Advance Parole. USCIS on the other hand says that there is no Problem.

Is there anything to be aware of? Has anybody faced any problems? Do I just need the Combo Card or anything else? I know theoretically there shouldnt be a question, but practically, is often different. How can I make sure Im not risking my AOS process...

Thank you very much!!!

David

[KayDeeCee 4,891]

Very odd. You are certainly able and eligible to leave the US and return using AP while waiting for your AOS approval. That is the whole purpose of AP. It does not put your AOS at risk to travel and re-enter using the AP. It abandons the AOS is you leave without first having AP or a green card in hand.

You will need your passport and AP to re-enter.

The CBP website itself tells you to obtain AP prior to traveling. > http://www.cbp.gov/travel/international-visitors/lpr/adv-parole

Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

• Filed an application for adjustment of status but have not received a decision from the U.S. Citizenship and Immigration Services;
• Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
• An emergent personal or bona fide reason to travel temporarily abroad.

~ Moved from AOS from Family Based Visas to Working & Traveling During US Immigration - topic is travel ~

[TBoneTX 43,020]

Odd indeed. Call back at another time of day and ask for the supervisor on duty. If he or she validates the correct information (what KayDeeCee has posted above), get his/her name and make a note of when you spoke. If you encounter a grumpy agent (there are many) or an unknowledgeable one (there should be few), drop the name and cite the passage above from the CBP website.

[Darnell 8,478]

Hi folks,

I have a question regarding the Advance Parole. I wanted to visit Mexico for a couple of days, and I called the POE in San Ysidro to inquire about returning with Advance Parole. They told me, during pending AOS, I should not leave the U.S. and I will not be granted return to the U.S. even with Advance Parole. USCIS on the other hand says that there is no Problem.

Is there anything to be aware of? Has anybody faced any problems? Do I just need the Combo Card or anything else? I know theoretically there shouldnt be a question, but practically, is often different. How can I make sure Im not risking my AOS process...

Thank you very much!!!

David

what are you adjusting FROM ? ie - which visa type got you into the USA? I ask, cause it's difficult to determine over at http://www.visajourney.com/timeline/profile.php?id=191562