Advanced Parole Confusion

[Zoe&Chris 5]

Hi!

Just got my visa approval and will be moving to the US in a couple of weeks!

Starting to read up on this next phase and getting confused over AP! It seems to me that everyone is filing for one, and every time someone asked on the K1 forums wen they would be able to travel again, the advice was that after 90 days that they could have the parole document.

However, I just downloaded the I-131 and instructions and it says:

"you may apply if you seek to travel abroad for "urgent humanitarian reasons" or in furtherance of a "significant public benefit" which may include a personal or family emergency or bona fide business reason"

This is freaking me out a little bit - I was hoping to file before the end of August and had told my family I would likely be home to spend Christmas with them (as I am an only child) as I would have my AP probabaly by December. However, reading this I am inerpreting I cannot travel for a non-emergency, can that be right? I obviously wont leave it it will affect my status, but would be sad to be separated from friends and family for longer than a year while AOS'ing. People are always on here stating intentions to travel for non-emergencies. Also what good is a 90 day wait if it is an emergency? I thought for emergencies, you had to get an Infopass appointment and go in person for example.

I just don't understand, can someone explain it to me? Also, supposing I could get one for non-emergencies, do you have to know the exact dates of intended travel?

Thanks,

Zoe

[Andrea&Henry 311]

The AP is a document that allows you travel WHILE you wait for your greencard. In order to get it, you need to file for you adjustment of status as soon as you can. For that you need to be marry first. Once you apply for AoS the AP arrives usually 60-70 after. If you are planning to file for your AoS in august by oct or november you should have your AP

[Harpa Timsah 13,258]

It's not only for emergencies. You are reading the wrong part. I-131 is used for many situations. You can travel once AP is approved.

[Andrea&Henry 311]

AP is usually for emergency, but when you adjust from a k1 (for example) the USCIS understand that waiting for a greencard to travel or work, is way too much. Gc can take 6 to 12 month. So in the mid time (if you apply for it of course) they send you a travel permit (AP) and a work permit (EAD) in something we call "combo card". It's pretty usefull and allows you to do a lot of stuff while you wait. Is provisional and doesnt have an extra cost (normally cost $300 aprox but if you are doing an adjustment its basically free) and you Dont need to have an emergency to travel with it!! Some people use it for emergencies but not all the time

Edited July 16, 2013 by Andrea&Henry

[KayDeeCee 4,892]

It is not used for emergencies only. You can travel with AP for any reason while waiting for your green card. You do not even need to give an explanation of why you need/want AP.

[Zoe&Chris 5]

I believe you all, but I am sure I am not reading this wrong! I read the document several times and it only ever mentions travel for those reasons. I'm definitely reading the right part, the bit I quoted was from the Advanced Parole section when filing for adjusting status.

From what I can tell, it used to be this way but now they are more lenient. It would be nice if they changed the instructions to reflect this though. They certainly state in the instructions that you should attatch evidence.

OK so it seems people just fill this out and send it with the AOS packet and everything is fine. I guess I was hoping to have the AP card without actually knowing what trips I was going on though. It asks for your travel plans - what have people done here? Should I make up a couple of trips to get the muti-use card? I assume there are no problems then using it for a trip that wasn't mentioned on the I-131? Is there any way to apply for a multi-use card and not state intention specifically for any trips?

[KayDeeCee 4,892]

Page 8 of the I-131 instructions > http://www.uscis.gov/files/form/i-131instr.pdf

The important word is OR:

(2) An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; OR
(3) If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application

You are filing it along with the I-485, so no need for a receipt either.

The new form no longer allows you to type Unknown for the date and length, so just leave them blank or hand-write N/A after printing. After that section, skip to part 7, as it states on the form. Your AP will be valid for multiple trips and you will more than likely receive an EAD/AP combo card.

Edited July 17, 2013 by Jay-Kay

[Harpa Timsah 13,258]

A multi-use AP is routinely approved. No need to fake it.