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dakobert

Problems with Advance Parole

By dakobert in Working & Traveling During US Immigration

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dakobert Contributor

dakobert   6

Posted
Filed: Country: Germany
 Timeline
Posted

Hi folks,

I have a question regarding the Advance Parole. I wanted to visit Mexico for a couple of days, and I called the POE in San Ysidro to inquire about returning with Advance Parole. They told me, during pending AOS, I should not leave the U.S. and I will not be granted return to the U.S. even with Advance Parole. USCIS on the other hand says that there is no Problem.

Is there anything to be aware of? Has anybody faced any problems? Do I just need the Combo Card or anything else? I know theoretically there shouldnt be a question, but practically, is often different. How can I make sure Im not risking my AOS process...

Thank you very much!!!

David

KayDeeCee Grand Master

KayDeeCee   4,893

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

Very odd. You are certainly able and eligible to leave the US and return using AP while waiting for your AOS approval. That is the whole purpose of AP. It does not put your AOS at risk to travel and re-enter using the AP. It abandons the AOS is you leave without first having AP or a green card in hand.

You will need your passport and AP to re-enter.

The CBP website itself tells you to obtain AP prior to traveling. > http://www.cbp.gov/travel/international-visitors/lpr/adv-parole

Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

  • Filed an application for adjustment of status but have not received a decision from the U.S. Citizenship and Immigration Services;
  • Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
  • An emergent personal or bona fide reason to travel temporarily abroad.

~ Moved from AOS from Family Based Visas to Working & Traveling During US Immigration - topic is travel ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

TBoneTX Grand Master

TBoneTX   45,497

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Odd indeed. Call back at another time of day and ask for the supervisor on duty. If he or she validates the correct information (what KayDeeCee has posted above), get his/her name and make a note of when you spoke. If you encounter a grumpy agent (there are many) or an unknowledgeable one (there should be few), drop the name and cite the passage above from the CBP website.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Hi folks,

I have a question regarding the Advance Parole. I wanted to visit Mexico for a couple of days, and I called the POE in San Ysidro to inquire about returning with Advance Parole. They told me, during pending AOS, I should not leave the U.S. and I will not be granted return to the U.S. even with Advance Parole. USCIS on the other hand says that there is no Problem.

Is there anything to be aware of? Has anybody faced any problems? Do I just need the Combo Card or anything else? I know theoretically there shouldnt be a question, but practically, is often different. How can I make sure Im not risking my AOS process...

Thank you very much!!!

David

what are you adjusting FROM ? ie - which visa type got you into the USA? I ask, cause it's difficult to determine over at http://www.visajourney.com/timeline/profile.php?id=191562

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
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