Jump to content

26 posts in this topic

Recommended Posts

15 minutes ago, K1visaHopeful said:

Thank you for the link! This seems like a ridiculous practice though, given that AP is valid for one year at a time only and the renewal takes around 6 months at the moment. So you are technically only allowed to travel half of that time, if you aim for a more or less seamless renewal and file as early as you can? 

 

I only found sources for this from pages like the one you linked (immigration help and advisories from lawyers) and while I don't want to say I don't trust what they are saying, I am wondering if USCIS has officially said something about this (I mean, it seems not exactly a new thing) or of someone here has travelled on their current card within validity and had their renewal cancelled. 

 

The current USCIS website states (here https://www.uscis.gov/i-131 , under special instructions):

 

"If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation."

(highlight added)

 

This sounds to me more like they cancel your renewal if you fail to come back before your current AP is expired? I mean, how are they going to know when exactly you plan to come back? You don't put in a return date when you leave. Why would they pre-emptively cancel your renewal not knowing if you travel back with the valid card?

Link to comment
Share on other sites

2 minutes ago, Catseal said:

Thank you for the link! This seems like a ridiculous practice though, given that AP is valid for one year at a time only and the renewal takes around 6 months at the moment. So you are technically only allowed to travel half of that time, if you aim for a more or less seamless renewal and file as early as you can? 

 

I only found sources for this from pages like the one you linked (immigration help and advisories from lawyers) and while I don't want to say I don't trust what they are saying, I am wondering if USCIS has officially said something about this (I mean, it seems not exactly a new thing) or of someone here has travelled on their current card within validity and had their renewal cancelled. 

 

The current USCIS website states (here https://www.uscis.gov/i-131 , under special instructions):

 

"If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation."

(highlight added)

 

This sounds to me more like they cancel your renewal if you fail to come back before your current AP is expired? I mean, how are they going to know when exactly you plan to come back? You don't put in a return date when you leave. Why would they pre-emptively cancel your renewal not knowing if you travel back with the valid card?

Interesting. This sounds about right other than they may cancel your renewal after you return and not prematurely. In your case i would contact them to ensure your renewal is still processing even if your status states it is.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Turkey
Timeline
18 hours ago, K1visaHopeful said:

What does your AP receipt notice say. Its usually says you can use it as an extension until you get your card. I'd take a look...

Automatic extension only applies for ead, not AP, if OP's travel is after March, then OP will need to reschedule or abandon the status if renewal card will not arrive by then.

 

20 hours ago, Avary said:

Hi Can anyone suggest what I should do.

 

I am on pending i-485 but I received my combo cards (work authorization & advance parole) last year. Since it is going to expired in coming March. I called the office and heard I could send applications for the renewal in 90days, so I got everything ready and finally the post reached the office in mid-Jan. I thought it’s not the first submission just requesting a renewal of card. And I have stated the expiration day also on the form.  Assumed they will send a new card to me soon, I need to travel back home, so I booked my travel ticket.. 

Now I only got NOA letters saying they are processing the applications. Can anyone tell me how long the office usually sends the new card to you? Is it possible the government haven’t sent out a new valid card to us before the old card expired? I am worried to travel outside without a valid combo card. What should I do next ? 

 

Thanks 🙏🏻 I need to travel outside the end of next month. 

My expiration date is also in March, and I applied for renewal on October, 2018. They haven't been approved yet, current processing times are around 5 months, so it is most likely you will get your renewal card after your current one expires, but who knows... Renewal/new card processing are same, they don't renew the card right away, they process them like it is new application.

Removal of Conditions

02/06/2021: Filed and package sent

02/10/2021: Received by USCIS

03/18/2021: NOA 1

07/01/2021: Biometrics waived

09/27/2011: Case approved, no interview (K1 visa)

Service Center: WAC

 

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Hong Kong
Timeline

Thanks for all your replies. 

I have no experience of getting a i-131. The trip back home next month means much to me and our family. I have been in the US for three years, really miss my family and We finally are able to throw out a small wedding banquet for them. 

I will call for an field office appointment, hoping they can understand. Do anybody have such experience? Pls share. I have booked ticket and almost get everything for my wedding banquet done. I m really worried n uncomfortable. 

 

Below is my last message:

 

——————————————————————

 

Hi Can anyone suggest what I should do.

 

I am on pending i-485 but I received my combo cards (work authorization & advance parole) last year. Since it is going to expired in coming March. I called the office and heard I could send applications for the renewal in 90days, so I got everything ready and finally the post reached the office in mid-Jan. I thought it’s not the first submission just requesting a renewal of card. And I have stated the expiration day also on the form.  Assumed they will send a new card to me soon, I need to travel back home, so I booked my travel ticket.. 

Now I only got NOA letters saying they are processing the applications. Can anyone tell me how long the office usually sends the new card to you? Is it possible the government haven’t sent out a new valid card to us before the old card expired? I am worried to travel outside without a valid combo card. What should I do next ? 

 

Thanks 🙏🏻 I need to travel outside the end of next month. 

Link to comment
Share on other sites

3 minutes ago, Avary said:

Thanks for all your replies. 

I have no experience of getting a i-131. The trip back home next month means much to me and our family. I have been in the US for three years, really miss my family and We finally are able to throw out a small wedding banquet for them. 

I will call for an field office appointment, hoping they can understand. Do anybody have such experience? Pls share. I have booked ticket and almost get everything for my wedding banquet done. I m really worried n uncomfortable. 

 

Below is my last message:

 

——————————————————————

 

Hi Can anyone suggest what I should do.

 

I am on pending i-485 but I received my combo cards (work authorization & advance parole) last year. Since it is going to expired in coming March. I called the office and heard I could send applications for the renewal in 90days, so I got everything ready and finally the post reached the office in mid-Jan. I thought it’s not the first submission just requesting a renewal of card. And I have stated the expiration day also on the form.  Assumed they will send a new card to me soon, I need to travel back home, so I booked my travel ticket.. 

Now I only got NOA letters saying they are processing the applications. Can anyone tell me how long the office usually sends the new card to you? Is it possible the government haven’t sent out a new valid card to us before the old card expired? I am worried to travel outside without a valid combo card. What should I do next ? 

 

Thanks 🙏🏻 I need to travel outside the end of next month. 

You should not travel without the valid authorization.  You can book an info pass and see if anything can be done. 

Link to comment
Share on other sites

25 minutes ago, Avary said:

Thanks for all your replies. 

I have no experience of getting a i-131. The trip back home next month means much to me and our family. I have been in the US for three years, really miss my family and We finally are able to throw out a small wedding banquet for them. 

I will call for an field office appointment, hoping they can understand. Do anybody have such experience? Pls share. I have booked ticket and almost get everything for my wedding banquet done. I m really worried n uncomfortable. 

 

Below is my last message:

 

——————————————————————

 

Hi Can anyone suggest what I should do.

 

I am on pending i-485 but I received my combo cards (work authorization & advance parole) last year. Since it is going to expired in coming March. I called the office and heard I could send applications for the renewal in 90days, so I got everything ready and finally the post reached the office in mid-Jan. I thought it’s not the first submission just requesting a renewal of card. And I have stated the expiration day also on the form.  Assumed they will send a new card to me soon, I need to travel back home, so I booked my travel ticket.. 

Now I only got NOA letters saying they are processing the applications. Can anyone tell me how long the office usually sends the new card to you? Is it possible the government haven’t sent out a new valid card to us before the old card expired? I am worried to travel outside without a valid combo card. What should I do next ? 

 

Thanks 🙏🏻 I need to travel outside the end of next month. 

Your wedding celebration wont be a good enough for an expedite or emergency travel. I'm sorry.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline

related topics merged.  do not start multiple threads on the same subject.

 

charles

vj moderation

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

Link to comment
Share on other sites

Filed: AOS (apr) Country: Netherlands
Timeline
8 hours ago, Catseal said:

This is wrong. Where is this from? I applied for renewal in November and exited and re-entered twice (weekend's trips to Canada) since then. My card expires in May. Unless this is something specifically for entering by plane (I hope not) or both border patrol agents i went to have no clue what they are doing (highly unlikely), it is inaccurate. Or do you mean they just cancel your renewal but let you enter? If so, why would that make sense? Mine is still in the system online at least.

This has been known for a long time now, but there is no statement from USCIS yet so no one can really say how accurate it is. OP's best bet is to call USCIS tomorrow to get the answer. And if the answer is she won't abandon her pending renewal she should get it in writing so she has proof.

Link to comment
Share on other sites

38 minutes ago, C90 said:

This has been known for a long time now, but there is no statement from USCIS yet so no one can really say how accurate it is. OP's best bet is to call USCIS tomorrow to get the answer. And if the answer is she won't abandon her pending renewal she should get it in writing so she has proof.

C90, please see my post above, the current USCIS website states (here https://www.uscis.gov/i-131 , under special instructions):

 

"If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation."

(highlight added)

 

Again, this sounds to me like they only cancel your renewal if you fail to come back before your current AP is expired, but not if you filed a renewal and leave and reenter the country with your current AP within the validity timeframe. How exactly do you interpret this as "no statement" on the matter on USCIS side? Is the assumption here basically, they write this but do it anyhow? If this were to be accurate, this would effectively make the validity of the AP way shorter than a year. Would VJ not have seen cases that ran into this problem if this were true (cancelled renewal applications while they were abroad or after they returned to the US)? Or is everyone just not using their AP for the last 5 months or so of its validity by default? I am really trying to understand how this could be true, because USCIS seems pretty clear on the matter, reading the abovementioned section? Was it maybe possible before 2017 to be outside of the country and wait there for the renewal or something like that? 

 

 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Netherlands
Timeline
8 hours ago, Catseal said:

C90, please see my post above, the current USCIS website states (here https://www.uscis.gov/i-131 , under special instructions):

 

"If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation."

(highlight added)

 

Again, this sounds to me like they only cancel your renewal if you fail to come back before your current AP is expired, but not if you filed a renewal and leave and reenter the country with your current AP within the validity timeframe. How exactly do you interpret this as "no statement" on the matter on USCIS side? Is the assumption here basically, they write this but do it anyhow? If this were to be accurate, this would effectively make the validity of the AP way shorter than a year. Would VJ not have seen cases that ran into this problem if this were true (cancelled renewal applications while they were abroad or after they returned to the US)? Or is everyone just not using their AP for the last 5 months or so of its validity by default? I am really trying to understand how this could be true, because USCIS seems pretty clear on the matter, reading the abovementioned section? Was it maybe possible before 2017 to be outside of the country and wait there for the renewal or something like that? 

 

 

I saw that, but why not better be safe then sorry? In the end USCIS has the right to revoke your application whenever they think it's necessary.  There are TONS of people that posted online pretty recently that their new pending I-131 was cancelled simply because they left the country with their valid AP, but also people that successfully left, came back and their I-131 was fine. I didn't search VJ for this, just did a quick Google search.

So my only advise is, better safe then sorry, just call USCIS and get a 100% answer. What we're doing is basically speculating with the info we have, and that's not going to hold up with USCIS if she runs into any trouble.

 

 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...