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tajimi

Advance Parole

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Filed: AOS (pnd) Country: Japan
Timeline

Hello to everyone,thanks for this helpful site and all your contributions.I have a question regarding form I-131,Advance Parole.

In part 1 number 3 of the form I-131 it says "class of admission" what will be the correct answer to this?

I have a pending AOS based on my marriage to a US citizen.Our initial interview will be on June 24,2010.I received an email notice that my EAD got approved and that my EAD card will be in the mail in 30 days.I am planning to apply for an emergency Advance Parole to visit my parents and I had made an infopass appointment on June 17,2010.I came here last year as a tourist and my 6 month visa got expired in November 15,2009.I got married in February 2010 and filed for AOS in March,2010.My concern is,incase I will get my Advance Parole and travel to my country and be back in a couple of weeks,will I be barred from entering the USA?Is the "180" days start from the day I entered the USA or from the time my visa expired last November?I am hoping and praying that during the interview,I will get approved so I wont be needing the Advance Parole.I actually booked my round trip ticket for June 28 and to make sure,I will apply for advance parole just incase I receive a denial.I can not move my schedule since it's emergency.Please I do need your advice and comments.Thanks a lot and good luck to all of you. tajimi

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Filed: Citizen (apr) Country: Australia
Timeline

Please see the example forms. You are adjusting status from a Tourist visa not a family based visa (your visa type is "AOS from Student, Work, Visitor etc), so your Tourist visa type (H1B, B2, VWP etc) is your class of admission.

Also, the 180 days is from the day your stay expired so you have been out-of-status for roughly 4 months. What do you mean you will apply for AP in case you receive a denial. Denial of what? If your GC is denied you will not be permitted to re-enter on the AP anyway.

Personally i wouldn't risk using the AP in your case but that's just me. Others will probably weigh on it soon.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to " Working & Traveling During US Immigration" as this is relating to travelling prior to getting your GC**

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Filed: AOS (pnd) Country: Japan
Timeline

Please see the example forms. You are adjusting status from a Tourist visa not a family based visa (your visa type is "AOS from Student, Work, Visitor etc), so your Tourist visa type (H1B, B2, VWP etc) is your class of admission.

Also, the 180 days is from the day your stay expired so you have been out-of-status for roughly 4 months. What do you mean you will apply for AP in case you receive a denial. Denial of what? If your GC is denied you will not be permitted to re-enter on the AP anyway.

Personally i wouldn't risk using the AP in your case but that's just me. Others will probably weigh on it soon.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to " Working & Traveling During US Immigration" as this is relating to travelling prior to getting your GC**

Thanks Vanessa and Tony for the clear answer to my query.we are praying for an approval of my GC during the interview on June 24 but in case there's no final result yet,I think of traveling using the Advance Parole.But as you have said,if I received a Denial during our interview then I have to stay and fix the problem.

since we filed our AOS(I-130,I-485,I-765) March 19,2010 everything went well,no RFE and had my biometrics already done last April 21,2010.We have prepared everything(important papers etc) for the interview.Incase I got approved,God willing,and my passport stamped with I-551 can I use that to travel even without the card yet?Thanks again for easing my anxiety and i'm glad you're here to help people like me. sincerely,....tajimi

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