Use Of Advance Parole Whilst AOS

[Cisse913 1]

Next month I will finally get to marry my fiancée in the US. 

 

Following the marriage, we will apply to adjust my status so that I can apply for my EAD, Advance parole and eventually obtain my Green Card.

 

Our attorney has advised utlising the advanced parole to travel if/when issued due to risk of not being re-admitted to US on arrivial. At most, I would need to travel back to UK or South Africa for approx. 2-3 weeks max possibly once or twice whilst awaiting Green Card. Elderly and sick family members would find it hard to travel to visit me in USA during the period of me waiting to AOS.

 

I understand that re-entry to USA is not guaranteed, however I would be conscious of sticking to all appointments arranged by USCIS and all paperwork in order etc

 

Has anybody had/heard of any adverse experiences when using advance parole, and been denied re-entry at US port?

 

From what I have read so dar, majority of people who have travelled for a short stint have returned to US with no problems.

 

Any advice given would be much welcomed.

[Dashinka 23,248]

Overall, with a valid AP you should not have any issue with CBP.  The biggest issues I have heard of is with airlines not recognizing AP as a valid form for entering the U.S.  here are a couple of links that may be helpful.  The CBP Carrier Guide clearly lists the AP Card (form I-512) as acceptable to board someone to the U.S., so it is a good idea to have a copy of the guide with you when traveling.

 

Good Luck!

 

https://www.cbp.gov/sites/default/files/assets/documents/2023-Nov/Carrier Information Guide ENGLISH.pdf

 

 

[Crazy Cat 39,261]

1 hour ago, Cisse913 said:

Our attorney has advised utlising the advanced parole to travel if/when issued due to risk of not being re-admitted to US on arrivial.

That is the ONLY way to leave, then re-enter the US without abandoning your adjustment of status. 

[Cisse913 1]

7 minutes ago, Crazy Cat said:

That is the ONLY way to leave, then re-enter the US without abandoning your adjustment of status. 

Certainly! However she advised against using advanced parole at all when issued, whilst awaiting completion of Adjustment Of Status which I am now finding to be odd. Possibly she was being overly cautious. 

[P055UM 259]

I wouldn’t worry. AP is a valid document to travel with. The risk of anything going wrong is low, and anything weird that did happen would be fixable.

 

FYI: AP can take a long time to arrive after filing. Hopefully yours will be quick. 

[Redro 4,600]

59 minutes ago, Cisse913 said:

Certainly! However she advised against using advanced parole at all when issued, whilst awaiting completion of Adjustment Of Status which I am now finding to be odd. Possibly she was being overly cautious. 

She is being overly cautious.

Immigration lawyers are focussed on keeping you inside the US and obtaining your immigration benefit. 

Leaving the US before you receive your green card opens you up to the chance you might not be able to re-enter the US. 

If you are planning to pay for advanced parole (there will be a fee increase at the start of April and AP has a fee that is separate to the Internet 485) and you receive it before you receive your green card and you have to travel for serious reasons, I would travel. 

[Crazy Cat 39,261]

1 hour ago, Cisse913 said:

Certainly! However she advised against using advanced parole at all when issued, whilst awaiting completion of Adjustment Of Status which I am now finding to be odd. Possibly she was being overly cautious. 

Ask her how many people, who had a valid Advance Parole document, have been denied entry into the US.  I have watched this board pretty closely for the last 8 years.  I know of none that I can remember.  Other members, who have been here longer, might know of cases.  The whole purpose of AP is to allow re-entry.  I would consider it to be extremely low risk. 

Edited March 16 by Crazy Cat

[Cisse913 1]

1 hour ago, Crazy Cat said:

Ask her how many people, who had a valid Advance Parole document, have been denied entry into the US.  I have watched this board pretty closely for the last 8 years.  I know of none that I can remember.  Other members, who have been here longer, might know of cases.  The whole purpose of AP is to allow re-entry.  I would consider it to be extremely low risk. 

Thanks for advising here, I will certainly ask her. Does anybody know the current approximate wait time for EAD and AP after filing? Accept approximate wait varies on case by case basis.

[Crazy Cat 39,261]

9 minutes ago, Cisse913 said:

Thanks for advising here, I will certainly ask her. Does anybody know the current approximate wait time for EAD and AP after filing? Accept approximate wait varies on case by case basis.

Per Visa Journey User data:  Note the sample size is small.

 

 

Edited March 16 by Crazy Cat

[apond 23]

17 minutes ago, Cisse913 said:

Thanks for advising here, I will certainly ask her. Does anybody know the current approximate wait time for EAD and AP after filing? Accept approximate wait varies on case by case basis.

My spouse received her EAD 5 months post biometrics last year and her AP 9 months post biometrics. 

[K1visaHopeful 2,662]

Never heard of any issues in all of my years.

Your lawyer is exaggerating, as do many.

Current timelines for every USCIS application is available on the USCIS processing times website. Comparing your case to others is inefficient as the timelines update monthly. Monitor the website as your source of (as) accurate (as it gets) info.

[Loren Y 2,732]

You will have no issues. My wife used her AP so many times I thought the card would wear out. 3 times in a 4 month period right after it was received. We used it via Land crossing, Sea Crossing ( On a cruise), and of course by air. Here I am rolling with global entry, and Mobile passport, and she is flying thru immigration faster than me. The AP card worked better than a passport I think. That's what it is there for. Use it once you get it. As a side note, keep track of all your international travel on a excel spreadsheet or something. Will make things easier come citizenship time.

[Crazy Cat 39,261]

1 minute ago, Loren Y said:

As a side note, keep track of all your international travel on a excel spreadsheet or something. Will make things easier come citizenship time.

Excellent point.  We had to use several sources to dig up wife's travel dates. 

[NorthByNorthwest 216]

10 hours ago, Cisse913 said:

Certainly! However she advised against using advanced parole at all when issued, whilst awaiting completion of Adjustment Of Status which I am now finding to be odd. Possibly she was being overly cautious. 

 

I reentered the US over 20 times while on AP, no issues. The only realistic risk of not being admitted is if the I-485 was found to be abandoned while outside the country, for example by missing biometrics/interview appointment or not responding to an RFE in a timely manner. Being out for max 2-3 weeks should be no issue at all.

 

You just need to be aware of the likelihood of ending up in secondary inspection every time you reenter on AP - if you're flying with domestic connections ensure you book flights with sufficient stopover. Personally I would not do anything less than 3 hours if traveling on AP with checked-in luggage.

[SalishSea 16,774]

17 hours ago, Cisse913 said:

Next month I will finally get to marry my fiancée in the US. 

 

Following the marriage, we will apply to adjust my status so that I can apply for my EAD, Advance parole and eventually obtain my Green Card.

 

Our attorney has advised utlising the advanced parole to travel if/when issued due to risk of not being re-admitted to US on arrivial. At most, I would need to travel back to UK or South Africa for approx. 2-3 weeks max possibly once or twice whilst awaiting Green Card. Elderly and sick family members would find it hard to travel to visit me in USA during the period of me waiting to AOS.

 

I understand that re-entry to USA is not guaranteed, however I would be conscious of sticking to all appointments arranged by USCIS and all paperwork in order etc

 

Has anybody had/heard of any adverse experiences when using advance parole, and been denied re-entry at US port?

 

From what I have read so dar, majority of people who have travelled for a short stint have returned to US with no problems.

 

Any advice given would be much welcomed.

In this case, CR-1 would have been a much smarter choice.

 

If you need to travel, I wouldn't rely on advanced parole.  There is no guaranteed timeline, and it is not a substitute for a green card.