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Speedysam

Traveling outside the US without an advance parole

By Speedysam in Working & Traveling During US Immigration

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H-M Explorer

H-M   169

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted (edited)
7 hours ago, Paul & Mallory said:

The existing case will still show pending until anything new is submitted, because USCIS does not yet know (unless/until you notify them) that the applicant has left the country and abandoned their application. The problem will arise whenever the applicant tries reentering the country under such status.

This is not exactly correct. This is from an AILA document:

"USCIS adjudicators are now consistently using the information from the Arrival and Departure Information System (ADIS), the CBP managed arrival and departure database. USCIS could actually now identify those filing advance parole applications who then depart, triggering the denials."

 

I can also add a close friend's recent experience with a similar situation. My friend departed the country with her AOS & AP pending before the I-131 was approved. USCIS issued an RFE for her I-131 , indicating that per their record she left US before her AP was approved. And if she did not leave, then sent documentary proof to show otherwise. The RFE letter was dated three days after her departure date!!

Edited by H-M

N-400 timeline:

Spoiler

5/9/2022: N-400 Received by USCIS

5/9/2022: Biometric Reuse Notice

7/5/2022: Received Interview Scheduled Notice

8/12/2022: Interview @ Cincinnati Field Office, Approved same-day

9/9/2022: Completed Oath Ceremony

 

ROC timeline:

Spoiler

01/06/2019: 90-day ROC filing window open

01/07/2019: Sent I-751 petition to USCIS Dallas Lockbox via USPS 2-day Priority Mail

01/09/2019: ROC package delivered by USPS to PO Box

01/14/2019: Received USCIS text message with receipt number starting with LIN-xxxxxxx

01/15/2019: Check cashed, Added receipt# to USCIS account (myaccount.uscis.dhs.gov), Current Status: "We received your case, You do not need to do anything at this time"

02/14/2019: Submitted e-request for non-delivery of receipt notice

02/28/2019: Received e-request response. Receipt notice was never initially sent and we should receive it in 10-14 business days

03/04/2019: Received original NOA1 letter with 18 month extension

08/09/2019: Received biometrics appointment letter, scheduled for Aug 19

08/14/2019: Completed early walk-in biometrics appointment on Aug 13, Status changed on myUSCIS site to "Fingerprint Review Was Completed"

01/02/2020: Case status updated to "New Card Is Being Produced"

01/03/2020: Case status updated to "Case Was Approved"

01/06/2020: Received I-751 Approval Notice in the mail 

01/09/2020: Received 10yr Green Card in the mail

 

I-751 ROC Package Contents, Assembly & Photos:

https://www.visajourney.com/forums/topic/693181-i-751-january-2019-filers/?do=findComment&comment=9522611

https://www.visajourney.com/forums/topic/693181-i-751-january-2019-filers/?do=findComment&comment=9522687

 

AOS timeline:

Spoiler

12/21/2015: I-485 Received by USCIS

12/24/2015: I-485 NOA date

02/26/2016: Biometrics Appointment

04/04/2017: Interview @ Louisville Field Office

04/06/2017: I-485 Approved

04/12/2017: GC Received

 

 

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Roel
Roel

Too late. You need to apply for spouse visa now. ETA 12 - 14 months. She doesn't have tourist visa anymore. That was canceled when she filled for AOS.   There is nothing you can do

Roel
Roel

Why would she even leave US in the middle of the process? The instructions are so clear, stating that it will mean abandoning the whole thing...

H-M
H-M

This is not exactly correct. This is from an AILA document: "USCIS adjudicators are now consistently using the information from the Arrival and Departure Information System (ADIS), the CBP manage

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
8 minutes ago, H-M said:

USCIS adjudicators are now consistently using the information from the Arrival and Departure Information System (ADIS)

I feel awful, but I totally misread that as AIDS the first time. I was like "Really, CBP?"

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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H-M Explorer

H-M   169

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted (edited)
23 minutes ago, Speedysam said:

H-M what did your friend do next

how did she proceeded with her case

My friend was on H-1B status before leaving & she came back on the same H-1B visa. Her I-485 AOS is not considered abandoned since she traveled on her H-1B visa. She responded to the RFE by withdrawing her previous I-131 and then filed another new I-131 Advanced Parole petition, free of cost of course.

 

If your wife was on any of the non-immigrant visa categories mentioned below, she will be able to return back on same valid visa without losing her AOS petition. Otherwise, as another posters have mentioned before, her I-485 AOS is deemed abandoned.

 

image.thumb.png.d040ea858404e11c0e1139c23908505b.png

Edited by H-M

N-400 timeline:

Spoiler

5/9/2022: N-400 Received by USCIS

5/9/2022: Biometric Reuse Notice

7/5/2022: Received Interview Scheduled Notice

8/12/2022: Interview @ Cincinnati Field Office, Approved same-day

9/9/2022: Completed Oath Ceremony

 

ROC timeline:

Spoiler

01/06/2019: 90-day ROC filing window open

01/07/2019: Sent I-751 petition to USCIS Dallas Lockbox via USPS 2-day Priority Mail

01/09/2019: ROC package delivered by USPS to PO Box

01/14/2019: Received USCIS text message with receipt number starting with LIN-xxxxxxx

01/15/2019: Check cashed, Added receipt# to USCIS account (myaccount.uscis.dhs.gov), Current Status: "We received your case, You do not need to do anything at this time"

02/14/2019: Submitted e-request for non-delivery of receipt notice

02/28/2019: Received e-request response. Receipt notice was never initially sent and we should receive it in 10-14 business days

03/04/2019: Received original NOA1 letter with 18 month extension

08/09/2019: Received biometrics appointment letter, scheduled for Aug 19

08/14/2019: Completed early walk-in biometrics appointment on Aug 13, Status changed on myUSCIS site to "Fingerprint Review Was Completed"

01/02/2020: Case status updated to "New Card Is Being Produced"

01/03/2020: Case status updated to "Case Was Approved"

01/06/2020: Received I-751 Approval Notice in the mail 

01/09/2020: Received 10yr Green Card in the mail

 

I-751 ROC Package Contents, Assembly & Photos:

https://www.visajourney.com/forums/topic/693181-i-751-january-2019-filers/?do=findComment&comment=9522611

https://www.visajourney.com/forums/topic/693181-i-751-january-2019-filers/?do=findComment&comment=9522687

 

AOS timeline:

Spoiler

12/21/2015: I-485 Received by USCIS

12/24/2015: I-485 NOA date

02/26/2016: Biometrics Appointment

04/04/2017: Interview @ Louisville Field Office

04/06/2017: I-485 Approved

04/12/2017: GC Received

 

 

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Boiler Grand Master

Boiler   43,429

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

c and d are very unusual, H1 and L1 allow dual intent.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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