I-131Travel document with the I-485, risky?

[mdbr 1]

Hello guys, 

 

I'm a US Citizen preparing the adjustment of status for my father. He is currently in the U.S. and he needs to go to Brazil for some retirement related issues, which are time sensitive. 

 

I will include with his application the I-131 so he is able to travel before the interview, however I'm a little concerned about this document. 

 

I recall when I went through the process myself, my attorney advised me not to fill this document because she knew of people who had traveled with the document and had faced problems getting back into the US. 

 

Any experiences (positive or negative) of people who had travel with this document? 

 

Thank you!

[Sunnyland 639]

AP or GC they can always deny you entry at POE. Only being a USC gives you guaranteed admission. Many people use the AP to travel (while waiting for their GC) and do not have any troubles in returning. It's up to you (or your dad) decide if they want to use the AP or wait until the GC is approved. 

I did use AP when I was doing my AOS from K1 and did not have problems, just was sent to secondary inspection at POE Miami and was questioned about it. Is your dad doing AOS from tourist visa?

[mdbr 1]

3 minutes ago, Sunnyland said:

AP or GC they can always deny you entry at POE. Only being a USC gives you guaranteed admission. Many people use the AP to travel (while waiting for their GC) and do not have any troubles in returning. It's up to you (or your dad) decide if they want to use the AP or wait until the GC is approved. 

I did use AP when I was doing my AOS from K1 and did not have problems, just was sent to secondary inspection at POE Miami and was questioned about it. Is your dad doing AOS from tourist visa?

Hello Sunnyland, 

 

Thank you for your response. Yes, my father had entered in the US on a tourist visa, however that has expired over 15 years and he is currently out of status, which I think might hurt even more his reentry even with the AP. In case the AP is granted I will travel with him (for one he doesn't speak English), so as a US Citizen I hope I would be able to assist if there are any problems.

[Sunnyland 639]

So he has been out of status for 15 years from the permitted date stamped on his passport at POE?  If that is the case I would be very careful using the AP.  He might encounter problems to be admitted back not matter if you are with him or not. Since he has an overstay of 15 years make it risky.  I would not do it. Others might feel otherwise. 

In my case while I returned back to US using my AP (while on AOS from K1 visa) I was questioned no end by the young lady CBP in shift that night and almost denied my entry. A pretty close call. She did not like that I spent 2 months away while doing AOS.  

I just wonder if that is how she reacted with my case, me not having overstayed any visa, or any other issue, etc... God knows what they could say in a case like your dad's. Being out of status for like 15 years and travelling on AP. I would wait until he has the GC in hand just to be a little more on the safe side. If the trip is really necessary I guess he will have to use the AP and take the risk>

 

[mdbr 1]

13 minutes ago, Sunnyland said:

So he has been out of status for 15 years from the permitted date stamped on his passport at POE?  If that is the case I would be very careful using the AP.  He might encounter problems to be admitted back not matter if you are with him or not. Since he has an overstay of 15 years make it risky.  I would not do it. Others might feel otherwise. 

In my case while I returned back to US using my AP (while on AOS from K1 visa) I was questioned no end by the young lady CBP in shift that night and almost denied my entry. A pretty close call. She did not like that I spent 2 months away while doing AOS.  

I just wonder if that is how she reacted with my case, me not having overstayed any visa, or any other issue, etc... God knows what they could say in a case like your dad's. Being out of status for like 15 years and travelling on AP. I would wait until he has the GC in hand just to be a little more on the safe side. If the trip is really necessary I guess he will have to use the AP and take the risk>

 

Sunnyland, thanks for sharing your experience. Yes, he has been out of status for all this time, which I know will only hurt if we travel with the AP. I'm not looking forward to this trip at all.

 

Anybody else can share their experience?

[T_P 872]

On 3/30/2018 at 12:30 PM, mdbr said:

Hello guys, 

 

I'm a US Citizen preparing the adjustment of status for my father. He is currently in the U.S. and he needs to go to Brazil for some retirement related issues, which are time sensitive. 

 

I will include with his application the I-131 so he is able to travel before the interview, however I'm a little concerned about this document. 

 

I recall when I went through the process myself, my attorney advised me not to fill this document because she knew of people who had traveled with the document and had faced problems getting back into the US. 

 

Any experiences (positive or negative) of people who had travel with this document? 

 

Thank you!

Also from Brazil and have traveled with AP recently. Simple dont understand why layers would say such a thing...

 

Here is my experience