advance parole

[kayasluv 0]

Hi there,

i have a silly question. I am a U.S. citizen, my husband is in the U.S. with me- we married in the U.S. - My husbands I485 is pending, his visitors visa is still valid, his I94 just expired. His I765 and AP was authorized and he just received his card in the mail. He would love to visit his family - however, it states that reentry to U.S. is not guaranteed. We know nothing is guaranteed - however, we are just wondering if it is difficult to reenter the U.S. on a AP-

thank you for your response:)

[aaron2020 11,651]

Hi there,

i have a silly question. I am a U.S. citizen, my husband is in the U.S. with me- we married in the U.S. - My husbands I485 is pending, his visitors visa is still valid, his I94 just expired. His I765 and AP was authorized and he just received his card in the mail. He would love to visit his family - however, it states that reentry to U.S. is not guaranteed. We know nothing is guaranteed - however, we are just wondering if it is difficult to reenter the U.S. on a AP-

thank you for your response:)

Why bother taking the risk? Unless someone back home is dying, I would just wait a few more months for the green card.

Why risk traveling abroad when the risk is completely removed after a few more months?

[Boiler 45,657]

Why bother taking the risk? Unless someone back home is dying, I would just wait a few more months for the green card.

Why risk traveling abroad when the risk is completely removed after a few more months?

Agreed.

[Harpa Timsah 13,258]

I disagree. AP is for travel, so why not use it for its intended purpose? Furthermore, the "risk" is not completely removed once you get a GC. Entry into the US is not guaranteed for anyone, except US Citizens. He has no overstay, so he is eligible to use AP.

Edited April 16, 2012 by Harpa Timsah

[Penguin_ie 5,994]

He has no overstay, so he is eligible to use AP.

No, his I-94 expired according to the OP, which means he is in overstay now, even if his tourist visa is still valid. I would not advice travelling until the greencard is in hand.

**** Moving from K1 to AOS from Tourist etc visa as Op's husband sems to have come on a tourist visa. OP- please fill in your profile and timeline so we can help you better. For example, what kind of visa did your husband arrive on?****

[Harpa Timsah 13,258]

No, his I-94 expired according to the OP, which means he is in overstay now, even if his tourist visa is still valid. I would not advice travelling until the greencard is in hand.

**** Moving from K1 to AOS from Tourist etc visa as Op's husband sems to have come on a tourist visa. OP- please fill in your profile and timeline so we can help you better. For example, what kind of visa did your husband arrive on?****

She said his I-94 just expired now, and his I-485 is pending, meaning I-485 was submitted before the I-94 expired, which equals zero days of overstay.

[kayasluv 0]

Thank you harpa- Correct- I485 is pending and was pending before I 94 expired. He was here on tourist visa. I know the AP is meant to travel on- however we are just wondering if it's safer to wait for the green card. Is there more of a chance he will be allowed back into U.S.

[Little_My 464]

Yes, is is safer to wait until the GC - but on the other hand, I have NEVER seen a case of someone being denied entry back to the US with a valid AP and no overstay. I agree with Harpa - AP is meant for travel, and I personally don't think there is a relevant risk in using it, since the OP's husband did not overstay.

I used AP twice to re-enter - first to come back for my AOS interview, after which I left the country again the next day, and then I re-entered about 3 weeks later, after my GC had already been approved while I was abroad. I had no issues whatsoever on either occasion, not even on the latter, even though my AP had technically expired since my greencard had been issued while I was gone.

[Boiler 45,657]

You can not be admitted only paroled.

[Up and Away 10]

I also agree with Harpa and Little_My here. The AP is for travel --they have to cover their a*s and say that entry is not guaranteed, but that doesn't mean it is regular practice to deny entry with a valid AP and no overstay (and I don't think there is overstay in OP's case). I traveled out of the US on AP and it was fine, although the BCP officers had never seen the AP/EAP combo card before, so if you're using a combo card, I would advise bringing in the cover letter that came with your combo card.

Of course it is true that the safest thing is to not travel, period. And it is a matter of personal opinion whether you are willing to assume the risk, just like flying in airplanes or riding in roller coasters.