Question about AP

[CrownMan 1]

Hi everyone

I had a question about the AP (advanced parole) doc. Assuming you get the AP during the AOS process now but your status expires in 2 months and you don't have an interview/your GC by then - can you travel outside the US after your status expires? and if you do will/can you be admitted back in without problems?

[SF2007 48]

It is my understanding that you if leave the US before getting either your AP or GC it is considered you abandoned your petition.

The AOS guide clearly states : " Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485)".

More info here : http://www.visajourney.com/content/k1k3aos

Hopefully others can confirm this.

[Little_My 463]

I understood the question differently - If I read the OP right, he asked if he can travel outside the US with the AP, if his status has expired while his AOS was pending.

For that, the answer is yes. As long as your AOS submittion was acknowledged by USCIS before your previous visa status had expired, you have not accumulated any overstay and can travel with the AP. The period from when USCIS receives your AOS application to when you get a decision on the application is a new period of authorized stay, and your previous status expiring is not relevant anymore.

[CrownMan 1]

Thanks Little My. That's what I wanted to ask.