Traveling on AP Documents

[jim_julian]

Lao Po is a K1 with ongoing adjustment of status as indicated below. The following relates our recent experience traveling on Advance Parole as I have not seen much about this on CFL.

 

We departed from Orange County CA airport on a domestic flight to Chicago to connect with our first international leg. She traveled under her maiden name and Chinese passport. To my surprise, no one asked to see her UAE visa (our destination). She was subject to extra search upon departure from Orange County. One of our bags, checked under her name, was opened by TSA. They left the TSA Notice paper in the bag and locked it again using our TSA baggage lock.

 

On transfer in Chicago for London the I-94, record of departure, was taken by the airline ticket agent at the gate.

 

No issues transferring in London except both of the bags checked under her name failed to make the 3 hour connection whereas the one checked under my name made it. Next time I'll make sure the two most important bags go under my name and any others under hers as I suspect hers were delayed for more inspection. British Airways claimed that the missing bags had missed the 1 hour connection between American Airlines flights in Chicago. In my experience this would be VERY unusual as AA to AA connects in Chicago can be done in 20 minutes whereas AA to BA or BA to AA at Heathrow can fail to connect in 2 or 3 hours. The bags arrived 3 days later in the UAE. One TSA lock was clipped, the bag left open, and no inspection notice left. This leads me to believe it was clipped in London. Nothing missing.

 

On the return flight to the US, again through London, the BA agent studied Lao Po's K1 visa and never asked for the AP (wrong procedure). At the AA transfer desk at Heathrow the agent inspected the AP but did not take a copy. On the airplane we filled out a white I-94 and the usual US customs declaration.

 

Arriving at LAX Lao Po and I went through the Visitors line. The Immigration Officer was very friendly and personally took both of us to a "secondary inspection" area (office). At this office other IO's examined the AP document, stamped the original AP document indicating Lao Po has been "paroled" indefinitely into the US while awaiting AOS, took the other copy of the AP and returned the original to us (as it is multi-entry), completed the I-94 and stapled it in the Chinese passport, and stamped her passport with a "paroled indefinitely" stamp. I asked what happened next time we used this AP as the form, although multi entry, is really just set up for one use. The IO said they would just stamp it again and make a xerox copy, returning the original to us once again. All in all, quite easy, involving maybe ten minutes of extra processing at the POA.

 

Note that when you travel like this you are NOT entering under the K1, which is a single use visa. You are entering under the AP. The AP language is as follows:

 

Subject is applicant for status as permanent resident and is proceeding abroad temporarily for emergent personal or bona fide business reasons. Individual is to be paroled into the United States for an indefinite period of time providing prima facie eligibility for adjustment of status continues.

 

Warning: If adjustment of status is denied, you will be subject to exclusionary proceedings pursuant to Section 236 of the Immigration & Nationality Act, as amended.

[Yuanyang]

Thanks Jim. I know a couple of K1 members that also want to have AP for travel.

[Randy W]

 

 

On the return flight to the US, again through London, the BA agent studied Lao Po's K1 visa and never asked for the AP (wrong procedure). At the AA transfer desk at Heathrow the agent inspected the AP but did not take a copy. On the airplane we filled out a white I-94 and the usual US customs declaration.

 

Arriving at LAX Lao Po and I went through the Visitors line. The Immigration Officer was very friendly and personally took both of us to a "secondary inspection" area (office). At this office other IO's examined the AP document, stamped the original AP document indicating Lao Po has been "paroled" indefinitely into the US while awaiting AOS, took the other copy of the AP and returned the original to us (as it is multi-entry), completed the I-94 and stapled it in the Chinese passport, and stamped her passport with a "paroled indefinitely" stamp. I asked what happened next time we used this AP as the form, although multi entry, is really just set up for one use. The IO said they would just stamp it again and make a xerox copy, returning the original to us once again. All in all, quite easy, involving maybe ten minutes of extra processing at the POA.

 

Note that when you travel like this you are NOT entering under the K1, which is a single use visa. You are entering under the AP.

We came back using the AP on Sunday.

 

In Beijing, the (Continental ticket agent) lady noticed that the K-1 had been used. She wanted the original AP form and looked closely at both sides before handing it back.

 

On the plane, you need one Customs declaration form and one I-94 - don't let the stewardess tell you otherwise.

 

The flight was late and we had 55 minutes before our connecting flight was scheduled.

 

In Newark, I handed the IO both passports and the copy of the AP form. The AP triggered a second IO to come over and take her to the separate office. He told me that our flight was late and that I should go get the luggage while he processed her. When he got her in the office, he realized that he didn't know what was going on and that she didn't speak English.

 

When they came to get me, I had retrieved 3 of our 4 items, but Jiaying made me toss one back since it wasn't ours. The IO (Immigration Officer) asked me what our relationship was - I had a stack of backup documents that I just handed to him, including Marriage License, I-797C for the AOS, and the original for the AP I-512L.

 

So I went back to fetch the luggage and, unfortunately, he kept the original AP. The one remaining obstacle was another IO who couldn't understand why I didn't have a passport, customs form, or anything other than 4 luggage tags (w/luggage) and a desire to catch up to my wife.

 

Right then, Jiaying shows up all processed and ready to go. I tell the IO "Fine thank you bye" and we head off for our connecting flight. We made it just in time to run down the jet-way to the plane at the scheduled take-off time and sit for another 15 minutes.

 

Whew! and 3 out of 4 of our suitcases made the plane also!

 

Reccommend - keep a copy of the Marriage License and I-797C with the AP and copy to hand to the IO at the POE together (and hopefully be there to get the original back).

 

We got 2 originals, so we are still good to go. But Jiaying and I agreed that we've both had enough of China for at least another 5 years.

Edited October 17, 2006 by Randy W (see edit history)