Advance Parole

[JRuizsp 0]

Hello. My wife had to travel outside the US and using her advance parole card because of illness in the family. How long is she allowed to stay outside of the US? 

[Lil bear 3,831]

6 minutes ago, JRuizsp said:

Hello. My wife had to travel outside the US and using her advance parole card because of illness in the family. How long is she allowed to stay outside of the US? 

There is no set time .. she needs to be able to demonstrate on her return that her absence was temporary and that remains domiciled in the US..  under 6 months absence is usually no issue, 6-12 months may result in questions but is ok, over 12 months may result in the assumption that she has abandoned her Adjustment status and result in referral to immigration court .. 

[JRuizsp 0]

That's good to know. Thanks. 

 

I've heard of stories of people with advance parole cards still being denied entry. I'm guessing there are other circumstances that lead to being denied. 

[geowrian 22,335]

24 minutes ago, JRuizsp said:

I've heard of stories of people with advance parole cards still being denied entry. I'm guessing there are other circumstances that lead to being denied. 

Care to share? I have only seen less than a handful of cases (other than still-rare cases where AP became invalid due to the I-485 being denied while abroad), and they were due to something else significant in their case (smuggling one time, a new criminal activity case another, etc.)

[JRuizsp 0]

34 minutes ago, geowrian said:

Care to share? I have only seen less than a handful of cases (other than still-rare cases where AP became invalid due to the I-485 being denied while abroad), and they were due to something else significant in their case (smuggling one time, a new criminal activity case another, etc.)

I don't have any details. The agency we are using for AOS mentioned it to me when I asked for their input. They said they don't recommend using AP to leave the US at all. 

[payxibka 10,044]

3 minutes ago, JRuizsp said:

I don't have any details. The agency we are using for AOS mentioned it to me when I asked for their input. They said they don't recommend using AP to leave the US at all. 

Then time to find a different agency.   Hundreds of people do it every day 

[Teemo 252]

I've posted about it a lot. Lawyers and others conflate denial on advance parole with denial for other reasons. It's really rare. I myself was a long overstay and used advance parole 7x in 9 months, and had no issue each time. I did a lot of research and reading of anecdotal stories and was confident. You should be too. 

[JRuizsp 0]

Thank you, all. 

[Grecia 0]

hi guys. is the AP needed to leave or return to the US? I just filed a couple of weeks ago but will need to leave to my home country in march 2020 for my wedding there. In case it doesnt arrive before then.. can I travel without it and have my husband send it to me via fedex or something once it arrives so i can return?

[geowrian 22,335]

5 minutes ago, Grecia said:

hi guys. is the AP needed to leave or return to the US? I just filed a couple of weeks ago but will need to leave to my home country in march 2020 for my wedding there. In case it doesnt arrive before then.. can I travel without it and have my husband send it to me via fedex or something once it arrives so i can return?

By law, if you leave the US without AP approved, your AOS application is automatically abandoned and will be denied.*

 

*There are exceptions for a very few select visas (employment visas, K-3/K-3, etc.).

[Grecia 0]

2 minutes ago, geowrian said:

By law, if you leave the US without AP approved, your AOS application is automatically abandoned and will be denied.*

 

*There are exceptions for a very few select visas (employment visas, K-3/K-3, etc.).

thanks.. do you think pushing the wedding for april 2020 its still too risky? Considering it would be 6 months after filing

[geowrian 22,335]

7 minutes ago, Grecia said:

thanks.. do you think pushing the wedding for april 2020 its still too risky? Considering it would be 6 months after filing

Hard to know how long AP will take for approval...some are in <= 4.5 months, but some people are waiting >= 7 months.

[aaron2020 11,651]

19 minutes ago, Grecia said:

hi guys. is the AP needed to leave or return to the US? I just filed a couple of weeks ago but will need to leave to my home country in march 2020 for my wedding there. In case it doesnt arrive before then.. can I travel without it and have my husband send it to me via fedex or something once it arrives so i can return?

No.  You must have AP in hand when you leave the US.  If USCIS realizes that you left before you got AP, your case will automatically be denied . . . even if you make it back into the US for your interview.  

[Just Paul 4,591]

7 minutes ago, Grecia said:

thanks.. do you think pushing the wedding for april 2020 its still too risky? Considering it would be 6 months after filing

You need to marry withing the 90 days of entering the US.   You need to enter the US prior to the visa expiring which is 6 months after the medical.   Nothing us tied to a filing date of a petition.

[aaron2020 11,651]

9 minutes ago, Grecia said:

thanks.. do you think pushing the wedding for april 2020 its still too risky? Considering it would be 6 months after filing

Yes, it's risky.  There is no guarantee that you will have AP in 6 months.  It could take longer. 

The US Government expressly say not to make any plans without the proper paperwork in hand.  If you don't have AP when April 2020 comes, USCIS will not expedite and will not care.