Leaving country without Advanced Parole - what happens?

[Joe & Mari 0]

Hi everyone,

I am waiting for my 2nd month now for my green card, work authorization and advanced parole. My grandmother is in the hospital with cancer and the doctors recommended my family to say good bye to her since she won't live very long anymore. I still don't have my advanced parole but I really want to see my grandmother.

What happens if I leave the country without my advanced parole? I am here on a K-1 Visa. Would I have to go through at whole process again if I leave the country before my status is adjusted? Can I get back in the country easily or would I have problems with immigration?

Thanks in advance!

[canadian_wife 1,791]

If you leave without your AP or your green card, your adjustment of status will be cancelled and you will not be readmitted into the US. You'll have to file for a CR1 visa from overseas and pay all the fees and wait all that time over again.

I am so sorry to hear about your grandmother

Good luck

[Harpa Timsah 13,258]

Yep to the above. Try for emergency AP with an INFOPASS appointment.

[amykathleen2005 441]

Go for an InfoPass appointment.

As for your question "Can I get back in the country easily or would I have problems with immigration?"

People don't just got AP for the heck of it. It actually does have a purpose, they won't let you back in without it. Then you will need a spousal visa to get back in.

[Pinkrlion 2,607]

Hi everyone,

I am waiting for my 2nd month now for my green card, work authorization and advanced parole. My grandmother is in the hospital with cancer and the doctors recommended my family to say good bye to her since she won't live very long anymore. I still don't have my advanced parole but I really want to see my grandmother.

What happens if I leave the country without my advanced parole? I am here on a K-1 Visa. Would I have to go through at whole process again if I leave the country before my status is adjusted? Can I get back in the country easily or would I have problems with immigration?

Thanks in advance!

Read this from another thread.

In an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. 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).

[bigdog 376]

Do not leave, too much hassle to start over. This situation is terrible, good luck on your AP.

[Pitaya 2,576]

Do not leave, too much hassle to start over. This situation is terrible, good luck on your AP.

[KazuriSana 324]

Ultimately, despite opinions from us VJers or other forums, USCIS and the information they have in their official website is the final and most accurate source of information. Below is a piece gleaned from the USCIS website, and I think you would be successful if you went for an infopass and applied for an emergency AP:

Emergency Advance Parole Documents

If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:

• A completed and signed Form I-131, Application for Travel Document
  
• The correct I-131 filing fee
  
• Evidence to support the emergency request (e.g. medical documentation, death certificate)
  
• Two passport-style photos.[/color]
  

How to File

To apply for an emergency travel document, you must file Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees (see link to the right). See the application for specific filing instructions.

Where to File

Where to file the Form I-131 depends on the benefit sought. See the form instruction page for details. Your local office may accept an emergency advance parole application if you are experiencing an extremely urgent situation. Business trips, weddings, holiday parties, and other planned events would usually not be considered an emergency situation. If you are filing Form I-131 for an emergency travel document at your local office based on an extremely urgent situation, you are encouraged to make an Infopass appointment first. See link to the right, "Make an Appointment (Infopass)."

When to File

You must apply for the travel document before leaving the United States. Generally, an applicant for a travel document must also complete biometrics capture at an Application Support Center (ASC) prior to departure from the United States. Failure to do so may cause the applicant to lose permission to reenter the country and lead to the denial of any other applications pending.

You can CLICK HERE to read the entire piece.

Edited November 4, 2012 by BlessedAssurance

[djricky4 67]

Read this from another thread.

In an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. 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).

[VanessaTony 3,567]

Ultimately, despite opinions from us VJers or other forums, USCIS and the information they have in their official website is the final and most accurate source of information. Below is a piece gleaned from the USCIS website, and I think you would be successful if you went for an infopass and applied for an emergency AP:

<snip>

There is no fee for applying for AP, emergency or otherwise when applying for it in conjunction with I-485. The OP has already applied for it. They do NOT need to apply again. They make an infopass appointment and ask for emergency AP. They will fast track her AP (sometimes with approval there and then, or in the next week or so). INFOPASS is the first thing to do and she will need to take proof of the emergency.

Edited November 4, 2012 by Vanessa&Tony

[KazuriSana 324]

There is no fee for applying for AP, emergency or otherwise when applying for it in conjunction with I-485. The OP has already applied for it. They do NOT need to apply again. They make an infopass appointment and ask for emergency AP. They will fast track her AP (sometimes with approval there and then, or in the next week or so). INFOPASS is the first thing to do and she will need to take proof of the emergency.

I simply copied and pasted from the USCIS website. You might want to click the link I included in my reply and read the USCIS page regarding Emergency Travel. Obviously the USCIS page tries to cover a wide array of cases. The fact that they mention a fee in their website is a no-brainer that there MAY be cases where they will ask for a fee.

[Harpa Timsah 13,258]

There is no fee for the OP. I am giving advice based on their particular set of circumstances.

[VanessaTony 3,567]

I simply copied and pasted from the USCIS website. You might want to click the link I included in my reply and read the USCIS page regarding Emergency Travel. Obviously the USCIS page tries to cover a wide array of cases. The fact that they mention a fee in their website is a no-brainer that there MAY be cases where they will ask for a fee.

of course, but not in the OP's situation, which is of course whose topic you posted in.

[Joe & Mari 0]

Thank you all so much for the quick answers, I will try to get an emergency AP. thanks again for all the support on this forum, I have never gotten help anywhere faster than here!

[Krikit 1,163]

Moving from AOS Process to the Travel forum.