Parole document rules

[AMT7565 5]

Hello,

My step son had to leave the US for a lengthy time. Prior to his departure he applied for his reentry permit (Parole document). We have received his parole document now.

Is it necessary we send it to him overseas for him to carry it when he returns, or can he simply return w/o the document in his hand? He will be returning after about 8 months.

thanks.

[htfaust 131]

If I'm understanding your case correctly - your stepson is applying to adjust status based on a concurrently filed I-130, he or someone on his behalf filed for Advance Parole and then he left the country before it was approved -, then he could have not left the country before the Advance Parole was granted. He needed to have it in hand before departing. Right now he can't use it to enter the country - he has to wait for the I-130 to be approved, then follow the NVC process and apply for an immigrant visa from overseas.

The mistake here was to understand that he had to apply for AP before leaving - that's not the case. He had to have his AP approved before departing.

That is, if I understood your situation correctly. Hate to be the bearer of bad news.

[Hypnos 6,576]

As stated, if he departed the US before his AP was approved then his AoS is considered abandoned by USCIS, and his I-485 will ultimately be denied.

Edited September 15, 2016 by Hypnos

[aleful 1,905]

hi

you are confusing the terms and use of the i131, the i131 for is a dual purpose form, what you are explaining Is a reentry permit, that is for GC holders who are planning to live over a year and up to 2 years abroad

a GC holder can apply for a reentry permit and it can be sent to where the person is staying

the other purpose is an advance parole while adjusting status, that one, as stated, has to be approved and in hand before the person leaves, or the process is considered abandoned

Edited September 15, 2016 by aleful

[KayDeeCee 4,891]

Please specify whether or not the stepchild is a LPR green card holder or not, and if they filed for AP(advance parole) or a re-entry permit. AP and a re-entry permit are two different things.

If they are a green card holder and would only be out of the US for 8 months, then they did not technically need a re-entry permit. You do not need one if you will be outside the US for less than a year, but better safe than sorry if you did not want it to appear that the stepchild had taken up residence abroad.

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

[AMT7565 5]

Thanks for all your responses. My stepson is a GC holder. Hence to ensure he was able to return after a lengthy stay abroad, we applied and got his Re-entry approvals recently. We did work with a lawyer to apply for it btw.

I am sorry I confused everyone by stating 'parole'.

[Hypnos 6,576]

Then if he's been outside the US for less than a year on the day he attempts to re-enter he only needs his green card, not the re-entry permit.

Edited September 16, 2016 by Hypnos

[KayDeeCee 4,891]

Thanks for all your responses. My stepson is a GC holder. Hence to ensure he was able to return after a lengthy stay abroad, we applied and got his Re-entry approvals recently. We did work with a lawyer to apply for it btw.

I am sorry I confused everyone by stating 'parole'.

You can send him the re-entry permit, but he should be able to return using just his green card.

[AMT7565 5]

KayDeeCee-

Thanks for your response and affirmation.

AMT