Traveling with Advance Parole ??

[mrlatta 0]

Just looking for some advice....my wife is from Peru, and we got married last year in Lima.  Hired an immigration attorney in Atlanta who filed the AOS in November 2016, received by USCIS 12/29/16 and she finally got her Employment Authorization Card with "Serves as I-512 Advance Parole" in the mail this past Saturday (4/8).

 

I have a business trip for my company in Prague next month, and we were hoping to go together.  She has the Advance Parole, but this is not her employment/company, it is mine.  Also not a "personal emergency issue."   I have read so many conflicting reports of people traveling with Advance Parole just for vacations or going to see family, and some of those people were DACA kids that had illegal status, and they had no problems traveling and re-entering the country.  

 

We have done everything the right way, but obviously I don't want to risk it if there is a chance she would be denied re-entry to the US after a few days in Europe.  She is also pregnant, so I don't want to leave her alone and go by myself, but I also don't want to risk that we can't get back in the country and have to go back to Peru and start the whole process over again.

 

Does anyone have experience traveling during the advance parole period?  Would being pregnant make it more likely that they wouldn't allow her back into the US because the potential of the baby being born a US citizen?  She has never been here illegally, she has a SSN from prior J-1 period in college, and she has the EAC and AP.  I'm really torn about this, but the company is pressuring me to get the airline tickets because we are running out of time.  

 

Any advice or personal experiences are appreciated, thanks!

 

 

[Faith38 37]

It doesn't have to be an emergency, I have friends who travel out of the country on AP and returned with no problems. 

[DrEllaNJ 288]

11 minutes ago, mrlatta said:

Does anyone have experience traveling during the advance parole period?  Would being pregnant make it more likely that they wouldn't allow her back into the US because the potential of the baby being born a US citizen?  She has never been here illegally, she has a SSN from prior J-1 period in college, and she has the EAC and AP.

Assuming that you are a USC (and if not you wouldn't have been able to do AOS), the baby will also be a USC regardless of whether it will be born in the US or not - so there's no risk of her being denied because of the "potential" the baby will be a USC.

 

I think you're overthinking, AP  is for reasons such as these, short trips abroad without abandoning your application. Just make sure you aren't gone too long since you don't want to miss appointments.

 

bon voyage!

[mrlatta 0]

Thanks...maybe I am overthinking.  I am a USC, so you're right, the concern about the pregnancy doesn't matter.  

I only hesitated because our attorney told us the AP is only for her business purposes or family emergencies, and I got worried.   But everything I've ever read online says what you seem to be saying.  Thanks!

[SparklePony 238]

AP tends to be used for emergencies but that doesn't mean it can't be used for other reasons, and I think accompanying your spouse on a business trip is more than ok, especially as it's only a few days and with her being pregnant you understandably don't want to leave her alone. I had to leave the US right after my AP was approved, stayed away for 3 months and had no issues getting back in.

[Ontarkie 13,981]

~~Moved to Working and Traveling, from AOS Family.~~