After reciving advanced travel parole, can I leave country for 6 months

[master4g 0]

My wife came here to the USA on a fiance visa couple of months ago. .... we got married....and we just sent in the Adjustment of status documents last week. We also applied for the I-131 which is for her to travel while we wait for the Greencard. Anyways, I just graduated from university and before I get tied down with a job, I would like to go travel to certain places with my wife, and we are thinking for about 5.5 months.

1) do you guys think it is possible

2) when would I be able to leave?

3) is there anything we need to be in the US for while it is processing

4) what is the deal with the biometric? when can we get that done

5) if interview date comes and we are in some forest in Asia, can my family here extrend the date?

-note, we did not apply for a emplyment (EAD) thing

any other comments would be appreciated.

Thanks

Edited July 19, 2008 by master4g

[Rosie74 0]

I really don't think traveling for 6 months is an option for you, I'm sorry. Once you file for Adjustment of status you can travel, but only for emergency reasons and for a limited time.

Besides, if you receive any RFE (Request for Further Evidence) from USCIS because something is missing/lost in your application, you need to be able to reply right away, otherwise they will deny your application.

I wouldn't plan to travel that long if I were you.. you can always travel after you received your GC

[rhymeswithcandi 0]

I really don't think traveling for 6 months is an option for you, I'm sorry. Once you file for Adjustment of status you can travel, but only for emergency reasons and for a limited time.

Besides, if you receive any RFE (Request for Further Evidence) from USCIS because something is missing/lost in your application, you need to be able to reply right away, otherwise they will deny your application.

I wouldn't plan to travel that long if I were you.. you can always travel after you received your GC

I would also advise against leaving for 6 months. Being absent from the US for that long won't be good for your AOS. You may very likely get an interview while you're gone and you'll have to come back anyway. Also, I believe that if you wish to apply for citizenship in the future, absence from the country for that length of time will effect you..

I think I should address one thing though: This whole idea of AP only being for emergency reasons is a TOTAL fallacy but I read it all the time on here. It's simply not true. Traveling for holiday, business, visits etc. are COMPLETELY legitimate uses of AP. I've left the country 5 times using my AP and none of those times were for emergency reasons. The CBP officers where all aware of this at the time of my re-entry as well.

The only time I would advise against using AP is if you have something in your record or background that would deem you inadmissable into the US - ie. criminal record, previous overstay of visa etc.

[Rosie74 0]

I think I should address one thing though: This whole idea of AP only being for emergency reasons is a TOTAL fallacy but I read it all the time on here. It's simply not true. Traveling for holiday, business, visits etc. are COMPLETELY legitimate uses of AP. I've left the country 5 times using my AP and none of those times were for emergency reasons. The CBP officers where all aware of this at the time of my re-entry as well.

The "emergency reasons" stated in my earlier post were not taken by the posts on this forum, they were taken by the official USCIS instructions for Form I131 itself, where it reads:

"Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.

The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.

Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance."

[alemo74 0]

Hello everybody, I'm new to this forum so I hope I can find the answer to a question I can't seem to understand.

I've filed and waiting for my advanced parole and I just found out there is the possibility to go for an Expedite Procedure, is there a fee for this procedure? and if so, how much do I have to pay?

Thank you

Alessandro

[John & Annie 1]

I think I should address one thing though: This whole idea of AP only being for emergency reasons is a TOTAL fallacy but I read it all the time on here. It's simply not true. Traveling for holiday, business, visits etc. are COMPLETELY legitimate uses of AP. I've left the country 5 times using my AP and none of those times were for emergency reasons. The CBP officers where all aware of this at the time of my re-entry as well.

The "emergency reasons" stated in my earlier post were not taken by the posts on this forum, they were taken by the official USCIS instructions for Form I131 itself, where it reads:

"Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.

The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.

Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance."

Rosie74,

We realize that is what it says on the form, but AP has become a matter of course in AOS. This is why the cost for AP has been rolled in to the charge for AOS. You can travel uninhibited with the AP, but each entry will be logged and might raise some questions if you have an interview.

[Kez/JWolf 6]

My wife came here to the USA on a fiance visa couple of months ago. .... we got married....and we just sent in the Adjustment of status documents last week. We also applied for the I-131 which is for her to travel while we wait for the Greencard. Anyways, I just graduated from university and before I get tied down with a job, I would like to go travel to certain places with my wife, and we are thinking for about 5.5 months.

1) do you guys think it is possible

There is nothing stopping you from leaving for this amount of time, but it will have a big impact on your application, if you leave the US for any length of time and you do not keep a residence and have evidence of your joint life in the USA you can be deemed to have abandoned your application for AOS

2) when would I be able to leave?

Not until you have been approved for AP and have it in your hand

3) is there anything we need to be in the US for while it is processing

You will need to have biometrics done and start your life here in the US and gather the evidence you will need to have at the interview, they will be looking for evidence that you are living a joint life together and have intermingled finances here within the US

4) what is the deal with the biometric? when can we get that done

When they send you the appointment to go and have them done.

5) if interview date comes and we are in some forest in Asia, can my family here extrend the date?

AOS interviews can only be rescheduled for life or death emergencey, USCIS will not discuss your case or take any action on your case from anyone other than the petitioner or a lawyer.

-note, we did not apply for a emplyment (EAD) thing

any other comments would be appreciated.

DONT GO. You have the rest of your lives to go traveling around sort out the immigration issues first.

Thanks

[Barbarella UK 0]

My wife came here to the USA on a fiance visa couple of months ago. .... we got married....and we just sent in the Adjustment of status documents last week. We also applied for the I-131 which is for her to travel while we wait for the Greencard. Anyways, I just graduated from university and before I get tied down with a job, I would like to go travel to certain places with my wife, and we are thinking for about 5.5 months.

1) do you guys think it is possible

2) when would I be able to leave?

3) is there anything we need to be in the US for while it is processing

4) what is the deal with the biometric? when can we get that done

5) if interview date comes and we are in some forest in Asia, can my family here extrend the date?

-note, we did not apply for a emplyment (EAD) thing

any other comments would be appreciated.

Thanks

I agree with Kez/Wolf.

I really would not recommend you and your wife leaving the US now that your wife's AOS application has been submitted. Firstly, you have no idea when AP will even be issued.

In my case, I received AP papers within 2 months then had my interview appointment letter - plus at my interview I had to hand in my AP papers anyway and wait another 2 weeks for the GC - I could obviously not leave the US within that 2 weeks.

Whole process till green card was 2.5 months for me but some cases can take MUCH longer.

If you miss a biometrics appointment, miss an interview or fail to respond to an RFE your wife could find herself with deportation proceedings looming as she'll be deemed to have abandoned the process. You really do not want to find yourselves in that position.

I totally understand your desire to do some travelling with your wife before you settle into a career but would suggest that it might be better for you to pick up some temporary work until she has her greencard - might take a few months but at least you can save towards your trip then take off knowing that:

a) Your wife can safely return to the US with you

B) You've got some extra spending money

I'm surprised your wife didn't apply for EAD at the same time - it doesn't cost anything extra when submitted concurrently with AOS - she could maybe have done some work too to help fund your trip!

Edited July 28, 2008 by Barbarella UK

[marcb 0]

Hello, I was hoping for a bit of guidance. My wife has advanced parole and we had our green card interview. We were asked for a bit of additional documentation proving marriage and we are submitting now. I was recently offered a job of a minimum of 6 months back in her country (Brazil) and we are planning on going. Does anyone have any recommendations as to how we should proceed to minimize the risk of compromising her change of status request?

Thanks!

[john_and_marlene 162]

Hello, I was hoping for a bit of guidance. My wife has advanced parole and we had our green card interview. We were asked for a bit of additional documentation proving marriage and we are submitting now. I was recently offered a job of a minimum of 6 months back in her country (Brazil) and we are planning on going. Does anyone have any recommendations as to how we should proceed to minimize the risk of compromising her change of status request?

Thanks!

Guidance: You need to decide which is more important to you

1. Taking a temporary job in Brazil for 6 months and risking your wife's application and possibly having to start over again.

2. Making choices that minimize the risk to your wife's current immigration status.

Choice 1 is fine if you are willing to reapply for a new visa and start the immigration all over again in the event that you miss an appointment or can't respond to an RFE in time and the adjustment is denied in your absence (The AP will become void with a denial and would not be valid for reentry). In your case you would be using the AP for more than a visit to Brazil--you will be working and living there for the 6 months and could be deemed to have abandoned the AOS.

Choice 2 requires that your wife does not make a domicile and/or work outside the U.S. This choice remains in effect as long as she wants to remain a permanent resident. If you want to live and work outside the U.S. then perhaps you really aren't interested in being a permanent resident of the U.S. just now. In that case withdrawl your application and reapply for a new immigration visa when you are ready.

If you want the freedom to come and go in the U.S. for your wife without risking immigration status and the ability to work/live in other countries, you should postpone those choices until your wife can naturalize. As a U.S. citizen, she will be in a much better position to do what you are wanting to do and won't have to worry about immigration status in regard to reentry to the U.S.

[JeroenAndMichelle 28]

If I were you, only go in REAL emergencies...

For one, when you come back on an AP, they will take you apart and will ask you several questions to see where you have been and what you have done and if it was allowed to use the AP...

If you actually pass that part, then you get the following (and this is what the law actually states):

A "paroled" applicant may therefore be released and be physically present in the United States but is still considered "applying for admission" and is still subject to exclusion"

So in other words, if you get allowed to get into the USA again, you are legally still 'applying for admission', meaning that you are legally NOT in the US, meaning you would be illegal and they could legally deport you without any problem.

Source: a person I know that works in the immigration field and here: http://www.vkblaw.com/law/depproc.htm

so, even if I would use it for an emergency, I would still think twice before I'd actually get on the plane

Edited December 9, 2008 by JeroenAndMichelle