I-131 Travel Authorization - Strange sounding rules

[Leo7777 243]

Seems I have been under false understanding for several months regarding this.

I have always read that after filing AOS . . . don't leave the country.

But I thought the rule was . . . don't leave the country until you get the combined EAD/Advance Parole Card.

And, the advice here is to always apply for the Travel Authorization/Advance Parole along with the AOS packet, because there is no additional cost if you apply at that time.

However, as I am now reading the I-131 Form and I-131 Instructions . . . you can only receive and use the Advance Parole for three purposes:

1) Educational

2) Ordered to travel by your Employer

3) Humanitarian - you need medical treatment outside USA or a family member's serious illness or death.

Further, Form I-131 requires that you fill in your Intended Date of Departure.

Aside from Psychics . . . who can know when a family member might become ill or die ?

So am I reading this wrong . . . and no one applying for AOS really gets to use the Advance Parole feature to travel outside USA before Green Card comes . . . except those one in a hundred or so who meet one of the above 3 criteria?

[Hypnos 6,576]

You are confusing normal Advance Parole - that anyone with a pending adjustment of status case is entitled to - and Humanitarian Parole, which operates as your post explains.

[gaia12 9]

I had the same confusion as Leo when I applied for AP. Hypnos - where can the rules for normal Advanced Parole be found?

[gaia12 9]

This was my post that somewhat relates to this: http://www.visajourney.com/forums/topic/523336-valid-i-94-expired-h-1b-visa-can-use-ap-for-leisure-short-travel/

[Hypnos 6,576]

On the I-131 instructions.

[Leo7777 243]

Not a very helpful answer Hypnos.

Both Gaia and I obviously read the instructions to the I-131.

It is 13 pages of gobbly-###### and full of contradictions.

I had practically no trouble with the other required forms for the AOS packet, but the I-131 (which should have been relatively simple compared to 130, 485 and 864) is a nightmare.

[Hypnos 6,576]

On the I-131 instructions, page 4, section (3)(a)(1):

"You have a pending application to adjust status, Form I-485, and 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 reasons".

[Pitaya 2,577]

~Moved from WST-based AOS to Working and Traveling During US Immigration Forum~

~Inquiry about advance parole~

[CowBoE 429]

I was under the impression that you should apply for AP along with EAD & GC,

but after reading the instruction I didn't think my wife qualified since she didn't have any

factors that met the conditions...

But upon raising the question to the VJ board, few suggested to go ahead and apply for AP

and that you didn't need any specific cause nor any travel dates...so I did.

But I'm still waiting for results...

[Leo7777 243]

On the I-131 instructions, page 4, section (3)(a)(1):

"You have a pending application to adjust status, Form I-485, and 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 reasons".

OK, so this (for what you call 'normal Advance Parole') is basically the same restrictions as for Humanitarian Parole that I noted in first posting.

The advice here and elsewhere is for everyone to apply for normal Advance Parole, but in reality only a small percentage of AOS applicants are going to have a personal or family emergency or bona fide business reason to travel outside the USA.

Yet we seem to hear that frequently AOS applicants who get the Advance Parole travel back to their home country for vacations, attend weddings of other family and friends, etc.

This is why I contend the instructions for I-131 are very poorly written; and it appears there is no enforcement of the restrictions.

From a Law Site:

http://www.nolo.com/legal-encyclopedia/filling-out-form-i-131-advance-parole.html

"Let's say you have filed an application for permanent residency while you are in the U.S. and your sister is getting married next month in Argentina: How can you travel without jeopardizing your application? You may file an application for advance parole, which is permission to reenter the U.S. while your Form I-485, Application to Register Permanent Residence or Adjust Status is pending. Unless you have permission from U.S. Citizenship and Immigration Services to reenter, you risk forfeiting your residency application. This is done by filing Form I-131, Application for Travel Document. Ideally, you will file this along when you initially file form I-485 to avoid any delays or extra fees."

[KayDeeCee 4,893]

Confusion happens because people tend to read about what has to be answered for DACA applicants, and what is required of those asking for humanitarian travel approval. Advance Parole for adjustment applicants is routinely approved, as long as you file the form correctly. No reason or explanation is needed for why you want or need AP. It states this in the form instructions. It also states at the bottom of page 2 of the form to skip from there to part 7, which skips the part of the form asking for a reason.

As for date and length of trip, they are also not required to be answered. You can leave them blank and then hand-write Unknown for those after printing out the form.

I agree they are poorly worded.

Advance Parole with a pending I-485 is not the same as filing for emergency travel or humanitarian parole.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents

Advance Parole

Advance parole is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company (airlines) instead of a visa as an authorization to travel to the United States.

An advance parole document does not replace your passport.

Advance parole is most commonly used when someone has Form I-485, Application to Register Permanent Residence or to Adjust Status, pending. If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses.

This page is about emergency travel > http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

And this one is about Humanitarian Parole > http://www.uscis.gov/humanitarian/humanitarian-parole

Also, on the page for the I-131 form, it lists fees by application types.

[Leo7777 243]

KDC, thanks for your posting.

However, I see nothing that over turns the following, WHICH IS NOT RELATED TO DACA

On the I-131 instructions, page 4, section (3)(a)(1):

"You have a pending application to adjust status, Form I-485, and 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 reasons".

= = = = =

Further, getting the AP card would merely make you eligible to travel outside the USA for one of the listed reasons: "urgent humanitarian reasons", or in furtherance of a "significant public benefit", which may include a personal or family emergency or bona fide business reasons".

[KayDeeCee 4,893]

But they do not ask you to provide a reason of why you want or need AP. You never provide that information. No need to ever state what purpose you would depart the US and use the AP to re-enter. People use it for all types of reasons all the time, and the main one being they just wanted to go back home to visit while waiting for their green card to be approved.

[Leo7777 243]

KDC

It seems there is still some confusion about this, even for those who have gotten AP and those who have traveled with AP.

For both DACA and normal AOS people, there are clearly stated restrictive reasons that allow for travel.

Now, several here doing AOS have stated that there is not a need to list reasons for asking for AP and that they got the AP.

But that begs the question, will they be allowed back into USA when they travel on such AP.

If you read the conditions on any visa or travel document, it always cautions that Border Patrol officers can deny entry to anyone, even those who have good documents, etc.

So yes, I understand that several here have traveled on AP and gotten back into USA. But that doesn't mean than others will be similarly successful.

Perhaps an analogy can be useful:

A person can obtain a drivers license. But that drivers license can only be used to drive under the laws and rules that exist.

Similarly, a person can obtain an AP card. But that card is only good for travel under the rules which clearly (in the Instructions for I-131) allow for travel for "urgent humanitarian reasons", or in furtherance of a "significant public benefit", which may include a personal or family emergency or bona fide business reasons".

Note the above is NOT for DACA, but is similar.

DACA says that travel can be for 1) Educational, 2) Ordered to travel by your Employer,

3) Humanitarian - you need medical treatment outside USA or a family member's serious illness or death.

So getting an AP card is not the same as being able to use it for any travel purpose.

[icv21 110]

I applied for AP even knowing I wouldn't use it since I was an overstay and on the reasons I wrote in case of emergency and I didn't put any date and it was approved. ( I know approved doesn't mean you would be allowed back in the country )

People use it around Christmas time a lot to go see their families while waiting for the green card And pick up some belongings, in case of family emergency or etc doesn't need to be the exact reasons of the instructions. Obviously I wouldn't be traveling around vacationing but if you come with K-1 and have the necessity of using it I dont think you have to be afraid