walshy1980

I have a question and would appreciate any feedback.

A hypothetical scenario (at least it is now): an individual is going through the early stages of the AOS process. They haven't yet had an interview, but are awaiting notification of one. They wish to travel and in submitting all their forms they also submitted an application for advanced parole (I-131). Judging by current 1-131 processing times the individual expects the advanced parole to arrive around the very date of departure. Though it's equally possible that the document will arrive before the date of departure it's quite possible that the document will arrive after the desired time of departure, leading me to my question...

...though I am sure it carries risk (if for some reason the document didn't arrive even during the duration of travel) is it possible to leave the country without the document, have somebody mail it to you while you are on your trip and return with it in hand?

Or is it imperative that the individual presents the document at the U.S port on departure, as well as on their return?

Again, it goes without saying that this scenario would carry risk and is not advisable, but I am interested in whether it is possible and not in breach of the law.

Thanks in advance for any responses.

Kate2112

The AP is not examined or needed on departing the US, it is for re entry to the US.

Bob

but there is a date when issued....if your gone before it is issued, it won't do you any good...plus it's not advised that anyone leave without AP in hand.

Kate2112

....and it is also no guarantee that you will be allowed to re enter the US, which is why I didnt apply for one during my AOS.

Noorah101

Short version: No.

Long Version: It is possible to do this, but you may be denied entry at the POE if the officer realizes you left the country before having your AP in hand. You are supposed to have your AP in hand before leaving the USA.

Best Wishes,
Rene

walshy1980

Thank you folks. That all makes sense and I suspected that it may be the case.

Rete

Which is something that I, personally, feel is overly cautious. My husband had used both his A/P's many times while awaiting the AOS during that 2 year period. No problem for him. But then he didn't have a criminal history nor any overstay to worry about.

JEff

I agree with Rete, some people seem to be overly paranoid. My wife
also traveled while her AOS was pending and had no problem being
paroled into the US when she returned.

There's no guarantee that one will be allowed to enter the US when they
present a visa, either. Did that stop you from applying for one of
those?

Regards, JEff

Rete wrote:
    > > ....and it is also no guarantee that you will be allowed to re enter
    > > the US, which is why I didnt apply for one during my AOS.
    > Which is something that I, personally, feel is overly cautious. My
    > husband had used both his A/P's many times while awaiting the AOS during
    > that 2 year period. No problem for him. But then he didn't have a
    > criminal history nor any overstay to worry about.

Martijn

I used my AP and had no trouble returning to the US from our holiday.
The only nuisance was that I was taken into a seperate waiting room
while (I guess) they checked out my status and that kind of thing. But
the officers were really kind, invited my wife in (a guard spotted her
waiting outside).

I had 1 month overstay. My attorney said it didn't add any extra risk
other than the normal (small) risk of not being allowed in on AP. I
never worried much about it, no criminal record, etc.

That said, it doesn't hurt to remember that an AP does not give you the
RIGHT to reenter the US, so it's important to make sure there are NO
issues that might be a factor. If you have a clean rap sheet, the risk
is infinitely small. I never heard of anyone being denied entry on an
AP without there being complicating factors.

Wildandcrazy0525

I'm just going to throw this one out there, what happens if you leave before the AP is issued on the pretense that someone's going to mail it to you while you are away, but it either doesn't arrive with the person that's going to mail it to you, or they send it and you don't get it in time for you coming back. In that case, I think you might be up sh*t creek without a paddle, i'm sure others will be able to correct me if I'm wrong.

walshy1980

Well, of course you are right, but this really just goes without saying and is assumed in....

a) the "Risk" I mentioned in my initial post

and becomes redundant when

b) Bob points out that

Folinskyinla

Hi:

If memory serves me correct, the AP must be ISSUED before you leave. It is not sufficient that an application be made before you leave.

Martijn

Folinskyinla wrote:
    > Hi:
    > If memory serves me correct, the AP must be ISSUED before you leave. It
    > is not sufficient that an application be made before you leave.

I think this is 100% correct. When I re-entered on my AP, they took a
long time before they came back and 'welcomed me home' (they were a
nice bunch of people at the POE).

But I bet they DO check your status and files online, and I bet that if
they see you left the country before your AP was granted or sent out
(they have your original I94 or I94W), there is a big chance they will
deny you entry, and consider your I-485 abandoned.

I wonder if anyone should be taking such risks.

walshy1980

My wife and I went along to the Santa Ana office at 7 am this morning. I couldn't get an infopass appointment until the 6th July so we decided to try our chances with a walk-in.

3 1/2 hours later (not bad considering), an overly gruelling interview with an exceptionally cold young lady a trip over the street to get 2 photos and I was granted advanced parole for multiple trips for a year.

PHEW!

*Side note - I had applied for advanced parole when i submitted all my initial paperwork 2 months ago. The fact that it hadn't yet arrived is my own fault for leaving it late to apply. The reason I sought out emergency parole today was to travel back for my brother's wedding next week. As evidence I simply provided the invitation. Contrary to popular belief, death or imminent death in the family are not the only instances in which emergency parole is granted.

I was also under the impression that emergency parole was a different document to regular advanced parole. I assumed that emergency parole would simply cover the person for that particular trip, however, the official informed me that the fee was waived because I had already paid (when I sent of my package) and that they would cancel my previous application as I had now been granted the parole.

Good stuff!

Wildandcrazy0525

Congratulations, it all worked out in the end