info on I-131 Travel Doc/Advance Parole while AOS

[elgringo954 7]

Does anybody know of the stipulations for approval for this because while reading into the form it seems like unless you have exigent circumstances they won't allow it because they ask for a soecific reason for its request. My request is simply for tourism / honeymoon purposes while my spouse to be is awaiting her residency / AOS.

[uncrustables 7]

I believe you dont need to fill oiut the reason if you are applying for AOS

[elgringo954 7]

OK, thank you

[lesthatsri 9]

That is not true. The I 131 instructions specifies that you have to fall into a category stipulated in the document like Humanitarian reasons. I also read that if your purposes is for traveling or tourism it won't be approved. I filed my I-131 to go back to my home country because my grandfather was dying with cancer, and I wanted to see him before he passed. Well, I couldn't go back before that happened.

Edited July 27, 2014 by lesthatsri

[Hypnos 6,576]

That is not true. The I 131 instructions specifies that you have to fall into a category stipulated in the document like Humanitarian reasons. I also read that if your purposes is for traveling or tourism it won't be approved.

You are mistaken, and are confusing humanitarian parole with normal Advance Parole.

[lesthatsri 9]

http://www.uscis.gov/i-131

In the website it says at the bottom:

Traveling for vacation is not a valid purpose.

[Hypnos 6,576]

http://www.uscis.gov/i-131

In the website it says at the bottom:

Traveling for vacation is not a valid purpose.

...when filing under DACA...which the OP is not.

Edited July 27, 2014 by Hypnos

[kehills 217]

That is not true. The I 131 instructions specifies that you have to fall into a category stipulated in the document like Humanitarian reasons. I also read that if your purposes is for traveling or tourism it won't be approved. I filed my I-131 to go back to my home country because my grandfather was dying with cancer, and I wanted to see him before he passed. Well, I couldn't go back before that happened.

I'm sorry to hear about that, lesthatsri; that's definitely one of the worst parts about immigrating.

But, you are giving incorrect information here. We didn't put anything in the "reason requesting AP" line, and my husband was still granted his EAD/AP combo card without a problem.

[lesthatsri 9]

I am just saying what I read on the Section 3, page 4, of the instructions for the I-131 pdf file.

"3. Advance Parole Document for Individuals in the United States

a. If you are in the United states ad seek an Advance Parole Document, you may apply if:

(1) You have a pending application to adjust status, Form I-485, and you seek to travel abroad for "urgent humanitarian reasons" or in furtherance of a "significant public benefit" which may include a personal or family emergency or bona fide business reasons."

Now in the same instructions it says that if you are replying to a Deferred action under DACA you must complete section 4 (purpose of travel) but this instruction does not exclude - in my understanding - everyone else to fill this information. It is just stressing which category MUST fill this information.

Also I can only say this through my experience and understanding of the rules. When I applied for it, I put the purpose of my travel and sent an additional letter to explain my situation as the form instructed me to do so. If someone else was granted Advance Parole documents, without writing a reason on the form, which might be the case, I can't testify about it and say" "you don't need to put anything" when the rules are not specifying ANYWHERE that this is the case.

-----------

Another thing, the same form explains there is no warranty to admission at Point of Entry with the advanced parole. So even if they got this document, should they really use it? Giving the fact that I am the immigrant in my case I wouldn't risk my AOS progress to travel around for vacation. I would have done it to see my grandfather, but not for those reasons when I can wait three months to have my green card. Even when many people have done it before, it doesn't mean everyone can do it.

[KayDeeCee 4,891]

Hypnos is correct, and you are mistaken and giving out misinformation. This has been posted about many times on VJ.

No explanation or reason is needed when filing the I-131 with a pending I-485 as an adjustment applicant. It states this in the instructions on page 8.

See the OR between #2 and #3. If you are filing the I-131 with the I-485, then you need nothing. If filing the I-131 after the I-485, then no reason statement and a copy of the receipt notice from filing the I-1485 is all you need.

c. Advance Parole Document
If you are in the United States, you must attach:
(1) A copy of any document issued to you by USCIS showing your present status, if any, in the United States; and

(2) An explanation or other evidence showing the circumstances that warrant issuance of an Advance Parole
Document; or

(3) If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the
adjustment application;

Also, right on the form itself, at the bottom of page of 2 it states this : If you are applying for a non-DACA related Advance Parole Document, skip to Part 7

An adjustment applicant does not fill out Part 4 stating a reason and purpose of their travels.

There is also no guarantee of entry with any visa you are granted or even a green card. Only US citizens have the right to enter the US. If someone personally does not want to use AP for whatever reason, then they should not. Others can, and have done so without issues.

~ Moved from AOS from Work, Student & Tourist Visas to AOS from Family Based Visas - OP will be entering with a K-1~

[nobbie 105]

I did not give a reason and have used it (AP) 4 times with no issues when returning other than 10 mins in secondary. I am awaiting AoS adjusting from K1 the same as the OP.

[lifequestion101 5]

Sorry to dig up an old topic, however, in part 7, they ask for a reason on a separate piece of paper. Is this necessary?

[TBoneTX 43,040]

Thread from 2014 is now closed to further comment.