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Adelina28

Using Advanced Parole card if adjusting from B1/B2 with expired i-94

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Hi, I came to the US as a Visitor (B1/B2 visa) and got married to US Citizen after 5 month of stay. Then I applied for Adjustment of Status when my i-94 was almost expired (6-months-period was almost over). My USCIS case is still pending, waiting when they schedule the interview (I read it can take a few months). Right now I need to go back to my country to visit my mom (she has a heart problems), but I really concerned about using my EAD/AP card for traveling outside the US, since I overstayed B1/B2 non-immigration permitted stay, and also applied for AOS from NON-IMMIGRANT visa. Will I have problems with re-entering US? Is it better to wait for a GC?

Anybody have a similar situation/experience? I'll appreciate any help or advice. Thank you!

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You have Advanced Parole Card. The purpose of this card is to enable you to re-enter the USA. You'll be fine. Adjusting status from a tourist visa is fine as long as you did not have immigrant intent when you crossed the border when you first entered the USA. Even in that case you would be denied at interview time rather than denied re-entry to the USA. I would suggest make sure you don't miss you interview and that you are able to return to the USA prior to your interview. God Bless your mother and prayers for the best for her.

Edited by JE57

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Hi, I came to the US as a Visitor (B1/B2 visa) and got married to US Citizen after 5 month of stay. Then I applied for Adjustment of Status when my i-94 was almost expired (6-months-period was almost over). My USCIS case is still pending, waiting when they schedule the interview (I read it can take a few months). Right now I need to go back to my country to visit my mom (she has a heart problems), but I really concerned about using my EAD/AP card for traveling outside the US, since I overstayed B1/B2 non-immigration permitted stay, and also applied for AOS from NON-IMMIGRANT visa. Will I have problems with re-entering US? Is it better to wait for a GC?

Anybody have a similar situation/experience? I'll appreciate any help or advice. Thank you!

I am not positive but i believe you must wait until you have completed the adjustment of status and get your green card.

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The fact that you were initially on a B-2 status is now irrelevant: you applied to adjust your status and your non-immigrant intent changed to that of an immigrant intent and your B-2 status then became void. Therefore, you are not considered to have overstayed your B-2 visa. You can use your Advance Parole Document to travel outside of the U.S. while your AOS application is pending.

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I am not positive but i believe you must wait until you have completed the adjustment of status and get your green card.

No. The whole point of Advance Parole is to allow you to travel before your Adjustment of Status is complete.

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Thank you for the replies!

My biggest concern are these words:

" Important Cautions:

Having Advance Parole granted does not mean you are guaranteed permission to re-enter the U.S. -- it just means that you haven't abandoned your Adjustment of Status application."

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Thank you for the replies!

My biggest concern are these words:

" Important Cautions:

Having Advance Parole granted does not mean you are guaranteed permission to re-enter the U.S. -- it just means that you haven't abandoned your Adjustment of Status application."

Any person that is not a U.S. citizen applying for admission at any port of entry in the U.S. is never guaranteed admission. Even when entering as a U.S. resident, it is never a guarantee that you will be admitted into the country.

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There are no guarantees. That said it's extremely unlikely that you would be denied entry as you have not accumulated any unlawful presence, you are an AOS applicant and you have an AP card.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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You have NOT overstayed. You filed your AOS application before your authorized stay was up. Once you filed your AOS application you began another period of authorized stay while your application is pending.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Thank you so much for your answers! I decided to take my chances and bought the tickets already. Going home in a few days.

Now I'm figuring out - what documents I would need to show to the officer when re-entering - my passport, AP-card and marriage certificate, right? Do I need my old i-94 and maybe some AOS docs (notifications etc)?

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Update: Just returned back to the US. Everything went smooth. They brought me to this CBP-separate-room :o (secondary inspection), but it's quite standard procedure. I took a seat and waited for about an hour (waiting time depends on amount of people in line). Using cell phones and any other devices is strictly prohibited. So if you need to make some phone calls/messages (to notify family/friends about your arrival) - do it before you start talking to a CBP officer. They called my name and asked a few simple questions (mostly about my husband). Then I was free to go.

PS According to some people's experience, waiting for the secondary inspection could take up to 2-3 hours :clock: , so be prepared (esp. if you have another flight from this POE).

Thanks a lot to all who have responded!

Edited by YuliaD

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Thanks for coming back and sharing your experience.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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