Advance Parole

[walyette]

My wive returned to the USA using AP in September 05. The AP was first received by her in Feb 05.

 

The AOS processing seems to be very slow. So we are wondering will the AP expire? Her passport is stamped and says PAROLED UNTIL Sept 06. Will the AP expire in Feb 06, SEPT 06 or when?

[tonado]

http://www.murthy.com/news/ukadvpar.html

 

Advance Parole : I-94 Expiration Generally Not a Problem

Posted Nov 08, 2002

 

As some MurthyBulletin and MurthyDotCom readers may be aware, there has been a recent change to the Port of Entry procedure with respect to individuals entering on an advance parole while the Application for Adjustment of Status (Form I-485) is pending. Under the old procedure, such individuals were issued I-94 cards upon entry that did not contain expiration dates but rather indicated a stay of "indefinite" duration. Under the new procedure, such individuals will be paroled in for one year. This means that there is a particular date notation on the I-94 card. However, as we explain here, this does not necessarily mean such individuals are disallowed from remaining in the U.S. beyond the one-year expiration date. Rather, as persons with the I-485 pending, they are, generally, legally permitted to remain in the U.S. and await the INS decision on the adjustment of status application.

 

The advance parole document is issued to an individual who has a pending I-485 upon filing the proper form. This document grants advance permission for one's return to the U.S. so that s/he might continue to pursue the Application for Adjustment of Status to Permanent Resident. We know the change in procedure will cause concern among many individuals who plan to travel during the upcoming holiday season. Fortunately, there is favorable clarification that is in keeping with existing law.

 

Senior officials at the Immigration Services Division (ISD) at INS headquarters explained in an October 17, 2002 teleconference, that there is no unlawful presence created when the advance parole I-94 expires, provided the I-485 is still pending. That is, the individual is allowed to remain in the U.S. while the I-485 is pending, even if that period extends beyond the I-94 expiration date. Such a person will not be regarded as unlawfully present. Accordingly, there are no penalties or negative consequences for the individual, as long as the I-485 is still pending decision with the INS.

 

This interpretation is consistent with INS policy over the years. INS laws and regulations have always provided that, when one has filed an I-485, that person is deemed to be in a period of stay authorized by the Attorney General. The person is in legal status while the I-485 adjustment application is pending.

 

Of course, once the I-485 is approved, the individual will become a U.S. Permanent Resident or "green card holder." If the I-485 is denied, the I-94 expiration date may then take on some relevance, although this point is not entirely clear. The ISD stated that the Inspections Division of INS handling issues relevant to Ports of Entry would issue further clarification on the purpose as well as the implications of these changes.

[tonado]

http://www.immihelp.com/gc/aos/ap.html

 

Advanced Parole(Travel Document)

Adjustment of status applicants whose have used EAD card because their 6 year limit on H/L visa has expired or by working for any other employer other than sponsoring employer are no longer in their non-immigrant status. It allows them to travel abroad and return to the U.S. without a visa.

 

Advanced parole can be applied by filling I-131 Advance Parole(Travel Document). It can be filed either along with the adjustment of status application or after that. The current filing fee is $165 payable by check/money order and payable to your regional service center (e.g., USCIS-VSC). If the applicant didn't apply for Advanced Parole at the time filing AOS application, and he/she genuine emergency need to go temporarily out of US, and he/she can prove that, then he/she can go to nearest USCIS office and get it immediately (may be on the spot or within 2-3 days.)

 

Advanced Parole(Form I-512) for adjustment applicants will be issued valid for a period which coincides with the time normally required for completion of an adjustment application not to exceed one year. (It means that it is valid for one year looking at the current status of adjustment of status processing.) It is usually valid for multiple entries. The approved Advanced Parole form is called I-512 and usually three copies of them are given. One copy for the applicant, one copy for the USCIS at the port of entry and one for the airline (so that they let you board the plane with out other valid visa.) First time you travel, you give the appropriate copies to airline and USCIS, and USCIS will stamp your copy. Subsequent times, you can just show your copy and travel.

 

Any adjustment of status applicant who leaves the U.S. without advanced parole is automatically considered abandoning his/her application for adjustment of status. Such a person will generally not be allowed back in the U.S. The person would have to do consular processing while remaining out of US. This applies traveling to any place outside US, even going to Canada(Even Canadian Niagara Falls) or Mexico or places like Bahamas. (This requirement does not apply to people who have applied to adjust to permanent resident status and are maintaining H/L status.)

[walyette]

Tony

Thanks so much for the careful answer. My wife's I-94, passport and advance parole letter are all stamped "Paroled until 9/12/06" Even though the original AP letter states"Valid until February 16th 2006"

 

Does this mean she can continue to go in and out of the USA until 9/12/06 if her AOS has not yet been processed?

Does the I-94 stay in her passport if she leaves the country?

Can she still return if she is out of the country after February 16th 2006?

 

Thanks in Advance for your help

W

[msmckee]

As I understood it, the AP letter is only good for one entry, and it must be used by the "Presentation of the original of this document prior to..." date. Once it is stamped (at entry) you will probablly need a new one.

 

We applied for the "multiple" parole option and they sent us two letters

[walyette]

As I understood it, the AP letter is only good for one entry, and it must be used by the "Presentation of the original of this document prior to..." date.  Once it is stamped (at entry) you will probablly need a new one.

 

We applied for the "multiple" parole option and they sent us two letters 

159035[/snapback]

They will keep one copy on the first use. After that, provide photocopies of the one you have left.

159084[/snapback]

In this case, at the POE of Chicago, they didn't take any copies at all. Just stamped it. The officer said "oh, she doesn't have agreen card yet?" My wife doesn't speak English ao I said " Well you know, Dallas is slow. He stamped everything and that was it. We weren't called to secondary inspection or anything.

W