Jump to content
yobert26

Travelling with an AP Document

6 posts in this topic

Recommended Posts

Hi guys- I know there have been previous threads on this topic, but no one has seemed to address whether or not leaving the US with an AP document for leisure reasons is actually allowed or not, even though people have successfully done it.

Per the I-131 instructions, page 4, section 3.1, you can only apply if "you have a pending application to adjust status, Form I-485, and you seek to travel abroad for "urgent humanitarian reasons" or in furtherance of a "significant public benefit," which may include a personal or family emergency or bona fide business reasons."

Also, in Section 7 of the actual I-131 form it asks you to "on a separate sheet of paper, explain how you qualify for an Advance Parole Document, and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered."

These two things do not make it seem like you can just travel for vacation, etc. with AP. Has anyone read anything produced by the U.S. government that contradicts the forms and clearly states that you can travel for any reason with AP?

I'm looking to go on a vacation with my wife to Thailand in October. She's never overstayed any visa, etc. so I don't think under normal circumstances she would ever be turned down to re-enter, but I'm afraid CBP could ask specifically what "urgent humanitarian reason" or "significant public benefit" made us go to Thailand, and since we wouldn't have an answer, re-entry would be refused.

Share this post


Link to post
Share on other sites

You'd be applying for a re-entry permit (#1: http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf) onform i-131 with pending AOS from K-1 (fee waived). And yes, you can travel for leisure. Plenty have done so (including my husband). As with everything, it is not a guarantee of re-entry as everything is at the discretion of the CBP officer. But I haven't heard of anyone having trouble re-entering with it (at least not under normal circumstances).

Check out the example form here on VJ. On a separate sheet of paper, just write that you have submitted AOS from K-1 and wish to be allowed re-entry during processing.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

Share this post


Link to post
Share on other sites

Thanks for the info. I thought it wasn't a re-entry permit but an Advance Parole document, as they seem to be different? It doesn't look like she is eligible for a reentry permit since she is not a permanent resident or a conditional permanent resident, but someone with a "pending application to adjust status", as mentioned on page 4, section 3.1. This Advance Parole Document seems to contain the restrictions I mentioned above on "urgent humanitarian reasons" or "significant public benefit" and I just want to see if there is something out there from the U.S. government that says you don't necessarily need these reasons once approved.

Share this post


Link to post
Share on other sites

Wide latitude is given to people with a pending I-485 and who travel abroad. Provided you're not up to no good (and started making trouble in my neighbourhood) then almost any purpose is permissible, including vacations.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

Wide latitude is given to people with a pending I-485 and who travel abroad. Provided you're not up to no good (and started making trouble in my neighbourhood) then almost any purpose is permissible, including vacations.

And now I have Fresh Prince running through my head (I'm not complaining...I know all the words anyway!)

OP - The Advanced Parole card covers a variety of situations. Yours would be re-entry permit with AOS. Apply for the EAD (employment authorization) at the same time and the EAD/AP will arrive as a combo card (both fees waived when submitted with a pending AOS).

There is a different AP that is emergency AP that gets discussed, but that is not what you're seeking.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

Share this post


Link to post
Share on other sites

Hi guys- I know there have been previous threads on this topic, but no one has seemed to address whether or not leaving the US with an AP document for leisure reasons is actually allowed or not, even though people have successfully done it.

Per the I-131 instructions, page 4, section 3.1, you can only apply if "you have a pending application to adjust status, Form I-485, and you seek to travel abroad for "urgent humanitarian reasons" or in furtherance of a "significant public benefit," which may include a personal or family emergency or bona fide business reasons."

Also, in Section 7 of the actual I-131 form it asks you to "on a separate sheet of paper, explain how you qualify for an Advance Parole Document, and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered."

These two things do not make it seem like you can just travel for vacation, etc. with AP. Has anyone read anything produced by the U.S. government that contradicts the forms and clearly states that you can travel for any reason with AP?

I'm looking to go on a vacation with my wife to Thailand in October. She's never overstayed any visa, etc. so I don't think under normal circumstances she would ever be turned down to re-enter, but I'm afraid CBP could ask specifically what "urgent humanitarian reason" or "significant public benefit" made us go to Thailand, and since we wouldn't have an answer, re-entry would be refused.

You can just travel for vacation on AP if you are an AOS applicant.

You do not have to attach anything. You forgot to "see instructions" as the form says.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×