What's an AP?

[J.DeLaRosa]

There is this person on the VJ forum that keeps referring to the AP with EAD ... what the heck is the AP?

I thought that I new all the INS lingo!

[Pinkpig]

AP = Advance Parole

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US. Refugees and asylees who have applied to adjust to permanent resident status under section 209 of the Immigration and Nationality Act may travel outside the United States on a valid Refugee Travel Document and do not need to apply for advance parole.
Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

Filed an application for adjustment of status but have not received a decision from the USCIS;
Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
An emergent personal or bona fide reason to travel temporarily abroad. Applicants who are the beneficiary of a Private bill and Applicants who are under deportation proceedings must file to the Department of Homeland Security, 425 I Street, NW, ATTN: Parole and Humanitarian Assistance Branch, Washington, DC 20536


Aliens in the United States are not eligible for Advance Parole if they are:
In the United States illegally;
An exchange alien subject to the foreign residence requirement;
Please note that Advance Parole does not guarantee admission into the U.S. Aliens with Advance Parole are still subject to the immigration inspections process at the port of entry. For more information on Advance Parole, please read our Travel Advisory.

[J.DeLaRosa]

Thanks!

[Pinkpig]

You are welcome. Glad that I could help. Happy Fourth of July! We are waiting on dark and the fireworks.

[J.DeLaRosa]

I am waiting for my youngest son to wake up. We had a cook out at my brothers and the kids got to swim. My 2 year old started punching people in the face so I had to take him home and put his cranky butt to bed. 2 hours and still no sign of him waking up. It will be dark here in about 1 hour probably.

[Pinkpig]

Boy, I can identify with his cranky butt.

We have been out biking pretty much all day and my butt is tired and cranky.

We had a bit of fun though this morning as we got to meet Arnold Schwarzenegger. We just happened upon him as we were biking this morning on Venice Beach (Muscle Beach). He was just out biking on the beach with 2 body guards and a young boy. He posed for pictures with the policemen there but we did not have our camera of course.

That is one of the great things about hanging out here in SoCal you just never know who you will run into.

[SHELLYFCO]

Couple questions regarding Advance Parole...

1. K-1's are not listed as eligible to apply for Advance Parole, though in our case, he is now my husband versus fiance.

2. Has anyone else applied for AP with their AOS and been approved and if so, what explanation did you submit to USCIS as a "reason for request AP"?

According to the I-131 instructions, an explanation or other evidence showing the circumstances that warrent issuance of an AP document. You may apply if you have an AOS application pending and you seek to travel abroad for "emergent personal" or "bona fide business reasons".

If in fact there must be an emergency or business purpose, I doubt that approval will be granted simply to visit relatives or claim all the household belongings left behind to enter the U.S. Any suggestions?

[TracyTN]

Hi Shelly,
I still don't see where you're getting the idea that K1s are not eligible for AP. K1 is a single entry visa, so the only option a K1er has to leave the country is to either wait an undetermined amount of time to get the green card, or to get AP.

Also, on page 4 of the instructions under the 'Advanced Parole document' section, items C 1 & 2 states who is NOT eligible for AP - and anyone on a K1 would not fit that criteria.

The form asks you your reasons for wanting to travel. List them, no matter if they are not 'emergent' or for business. The worst they will do is deny your AP, which would still have no bearing on AOS itself.

Frankly I have never seen them deny a K1er AP - even one who listed their honeymoon as their reason for travel abroad. (Not exactly an emergent personal situation.) Our listed reason was in the event that his elderly mom needed medical treatment (that my hubby would like to be there). Also not the textbook definition of emergent, but they approved him anyway.

The fact that he's your husband now makes no difference. His entry status was K1.

[SHELLYFCO]

Thanks for the clarification Tracy. I didn't see K-1 listed though the K-3 and K-4 were. I also didn't think our reason for wanting to travel was "emergent personal" and therefore, didn't want to waste the time applying for something that would not be approved. I appreciate all the information and will proceed with the request.

As you listed your MIL as the reason for wanting to travel, what date did you put for the dates of travel - obviously, you wouldn't know until the time came, right?

[TracyTN]

Yeah, had no clue. We actually put a date of 11/2/2007 (which obviously turned out to be irrelevant, as she came to visit us in October!).

I answered the question about why we wanted it with a sentence about her health, and then said that due to the nature of that, we really were unsure what his exact dates of travel might be. I am sure there's a logical reason that they ask the dates of travel, but I don't think they're exactly applicable to every situation. So I don't think they pay much attention to it, honestly.

[SHELLYFCO]

Thank you again Tracy...I so appreciate your advise and am glad that your AP was approved. Did you receive approval for multiple trips?

[TracyTN]

You're welcome!

Well, we received 2 AP documents so I think that would mean he can come and go twice. I had to send the docs back (my hubby's photo was on them, but some other bloke's name!) so I can't tell you much more other than they had an expiration date a year from the day his AP was approved.

[SHELLYFCO]

The one year expiration date is very comforting! I just hope we get through this process quickly. I just saw Jake's timeline and from the time he mailed his AOS packet to receiving the green card, it was only four months...