Ben Johnson

Hypothetical question......

One has a pending AOS (from a K-1) and has applied (by mail) for advance
parole.... circumstances dictate fairly urgent travel, but not within INS
parameters for an "emergency processing" (in person)

If the immigrant were to leave the US, and then later be sent the advance
parole document (after it arrives in the mail).......would there be any big
deal on attempting to re-enter?

Nothing is checked by the airline on departure except for documents needed
to enter the destination country....so is there any way for the INS to know
that one did not have the document prior to departing?

Yes, I know leaving without it is stupid, and am trying to talk someone out
of this idea...however the twist, is one I have not heard of before, so am
looking for some ammunition....

(this sounds a little like the story profiled by Bill O'Reilly a few months
back, but I think in that story.. Advance Parole was not even filed for,
prior to that child departing to visit his grandparents in Russia)

Thanks for any input.
Ben

John

The letter the applicant will get in response to their I-131 application
will say they can come into the INS office to pick up the I-512. This would
require the applicant to be there in person.
Why risk it? If it's within 3 or 4 weeks of the trip go into the office &
emergency request the AP.
When was the I-131 mailed? Has the check been cashed?


"Ben Johnson" wrote in message
news:[email protected]...
    > Hypothetical question......
    > One has a pending AOS (from a K-1) and has applied (by mail) for advance
    > parole.... circumstances dictate fairly urgent travel, but not within INS
    > parameters for an "emergency processing" (in person)
    > If the immigrant were to leave the US, and then later be sent the advance
    > parole document (after it arrives in the mail).......would there be any
big
    > deal on attempting to re-enter?
    > Nothing is checked by the airline on departure except for documents
needed
    > to enter the destination country....so is there any way for the INS to
know
    > that one did not have the document prior to departing?
    > Yes, I know leaving without it is stupid, and am trying to talk someone
out
    > of this idea...however the twist, is one I have not heard of before, so am
    > looking for some ammunition....
    > (this sounds a little like the story profiled by Bill O'Reilly a few
months
    > back, but I think in that story.. Advance Parole was not even filed for,
    > prior to that child departing to visit his grandparents in Russia)
    > Thanks for any input.
    > Ben

Rete

It should be noted that not all A/Ps arrive by mail. Some local INS offices require the recipient to pick up the A/P in person and it cannot be delegated to a relative or friend. Also note that the A/P is dated. Although they might be allowed back in the country, the real problem might well lie with the AOS Interview. When the DAO sees the recipient left the US prior to the issuance of the A/P, they can at their discretion deem the AOS null because the adjuster abandoned the petition by leaving the US without A/P. The date on the A/P is not the date of filing but the date of issuance.

Rete

Carl

The airline will want your I-94 departure document before you board in the US - the INS will know when you left...

Des

... and if you read the fine print on the I-131 instruction sheet, it
states that you cannot leave the country without the Advance Parole
document in hand !
- Des