Travel on Advance Parole

[Sugarcoated 3]

I entered US with K1, married within 90 days.

My i94 expired 04 Sep14, I filed AOS on 8 Sep.

Got NOA1 in 16 Sep.

Am i consider out of status?

I will travel to Europe with my husband for vacation using my Advance Parole card. I'm concern if there will be problem on re-entry.

Anyone experience travel on advance parole ? pls share.

Thank u..

[Ryan H 3,813]

Moved from Adjustment of Status from Family Based Visas forum to Working & Traveling During US Immigration forum.

[Hypnos 6,576]

You were probably out of status for a few days; it will not affect anything, including your re-entry on AP.

[NikLR 13,227]

You are now within a period of authorized stay and can use your AP. Have a good trip!

Edited May 2, 2015 by NLR

[itsmehere 0]

I entered US with K1, married within 90 days.

My i94 expired 04 Sep14, I filed AOS on 8 Sep.

Got NOA1 in 16 Sep.

Am i consider out of status?

I will travel to Europe with my husband for vacation using my Advance Parole card. I'm concern if there will be problem on re-entry.

Anyone experience travel on advance parole ? pls share.

Thank u..

Since the I-94 is expired you are technically out of status but, for traveling with the Adjustment pending, you use the Advance Parole. If you didn't, your Adjustment could be denied based on abandonment.

[Hypnos 6,576]

Since the I-94 is expired you are technically out of status

You are mistaken. The OP has filed for AoS, therefore they are considered in a period of authorised stay, and not out of status.

[itsmehere 0]

You are mistaken. The OP has filed for AoS, therefore they are considered in a period of authorised stay, and not out of status.

If he's/she's still in a status then what type of status does he/she have? Status generally refers to: U.S. Citz., Permanent Resident, Nonimmigrant, Refugee, Asylee. Adjustment pending is NOT a status. Also, if you go to www.uscis.gov and look at their customer service guides, one of the things in U.S. Citz. filing for a relative is this: Even if your relative is now currently out of status, as long as he/she made a lawful entry into the United States, he/she may be able to apply for adjustment of status. Meaning an exp. visa, etc...look it up.

[Hypnos 6,576]

Their status is "adjustment of status applicant" or "AoS pending". It is considered a period of legal stay until the I-485 is either approved, at which point they become an LPR, or denied, at which point they go out of status.

Edited May 2, 2015 by Hypnos

[Starkilla09 366]

Hypnos is CORRECT! An a applicant for an immigration benefit with a pending adjustment of status application is said to be on authorized stay by the Attorney General according to the INS laws until a decision is taken on the petition. So yes the OP is good to use AP since OP wasn't out of status for more than 180 days to accumulate a ban.

Edited May 3, 2015 by Starkilla09

[Hypnos 6,576]

Although even if they did have enough overstay to trigger the bar (=> 180 days), they do not apply to someone with a pending adjustment of status application that has been granted Advance Parole (per Matter of Arrabally and Yerrabelly).

Edited May 3, 2015 by Hypnos

[raven52 233]

Some different opinions.,.,.but you will be fine to travel on your new AP card. Although, it is better to have the 2 year GC.,..,.,..,then no questions is asked what so ever. But, I think you are fine.

[clairegie 265]

Not out of status, but no status. Allowed temporarily due to pending AOS

[Andy and Pui 16]

You should have no problems. We got married within the 90 days. By the time we sent in the AOS Pui overstayed around 41 days. Less than 1 month after we sent in the AOS her brother unexpectedly passed away. We got her an emergnacy AP and she left for 2 weeks and she came back no problem. Have a good trip.

[Hypnos 6,576]

This exact question came up a few years ago in Chaudhry v. Holder in 2013, at the 7th Circuit Court of Appeals. The court ultimately held that a pending I-485 does not grant a legal status, but is considered a period of legal stay, legal status and legal stay being two distinct concepts.

So, on a purely technical level, someone who's nonimmigrant status lapses but has filed an I-485 has no true status, but they are considered to be in a period of legal stay which persists until the I-485 is adjudicated.

Edited May 3, 2015 by Hypnos

[madtownguy 164]

My wife and I had same exact scenario. I will say the advanced parole can be a headache, they put us in a holding cell for an hour until they figured the thing out. We were coming in on a cruise so your experience may be different if going through a major immigrations point. Just don't get worried if they hold you a bit longer.