Hope

Dear all,
I need your input again. I am married to a USC and now are in the
process of adjusting my status. I used to be on H1B but due to change
of job, I've lost that visa. So right now I don't have a visa but under
I485. I've received my EAD and I131 in Jan this year and just got my
AOS interview notice letter. The interview is scheduled on July 17th.
But, I must go home (China) now, for even just two weeks. A couple of
days ago my mother was told by her doctor that she had lung cancer.
It's still unclear which stage she's in. She's not feeling well. She's
the strongest woman I've ever known in my life. But the other day, she
cried on the phone. My father said that she never showed a drop of tear
even after the diagnosis. But she cried when she heard my voice. I know
she wants to see me. And, I want to fly home immediately. I don't know
what's going to happen to her. I am not sure if she can wait till after
July 17th.
My problem is that even though I have the advanced parol (I131), I
don't have a visa to return to the US. My question is, in my situation,
is there a way to get a special visa or a document in order to come
back to the US?
Thanks for reading my long post. Your help is much appreicated!
Hope

Ray

Unless I am missing something you already have the document... advance parole... Of course if you were an overstayer its may be worthless.

Putain

"Hope" <[email protected]> wrote in message
news:[email protected] oups.com...
    > Dear all,
    > I need your input again. I am married to a USC and now are in the
    > process of adjusting my status. I used to be on H1B but due to change
    > of job, I've lost that visa. So right now I don't have a visa but under
    > I485. I've received my EAD and I131 in Jan this year and just got my
    > AOS interview notice letter. The interview is scheduled on July 17th.
    > But, I must go home (China) now, for even just two weeks. A couple of
    > days ago my mother was told by her doctor that she had lung cancer.
    > It's still unclear which stage she's in. She's not feeling well. She's
    > the strongest woman I've ever known in my life. But the other day, she
    > cried on the phone. My father said that she never showed a drop of tear
    > even after the diagnosis. But she cried when she heard my voice. I know
    > she wants to see me. And, I want to fly home immediately. I don't know
    > what's going to happen to her. I am not sure if she can wait till after
    > July 17th.
    > My problem is that even though I have the advanced parol (I131), I
    > don't have a visa to return to the US. My question is, in my situation,
    > is there a way to get a special visa or a document in order to come
    > back to the US?
    > Thanks for reading my long post. Your help is much appreicated!
    > Hope

If you currently have an Advance Parole Letter, and it is valid for as
while, why
can't you go and return to the US on that?

Noorah101

Hi Hope,

Sorry to hear the sad news. As Ray said, you can travel on your AP **as long as you did not incur an overstay on the H1B** If you had a previous overstay, the AP is worthless, and you will have a ban from returning to the USA. If you did NOT incur an overstay, you can still travel on the AP, but I highly recommend you return to attend your interview on July 17th. If you miss it, USCIS will consider your AOS abandoned, and you'd have to file for a motion to re-open, which is a huge hassle.

Best Wishes,
Rene

hcj1440

You don't need a visa because you are now an adjustment applicant. You just need your passport and the Advance Parole. As others have cautioned, the AP does not do you any good if you have overstayed, but if you don't have overstay, that's all you need to return to the US to continue your AOS application -- your passport and the AP.

Hope

By law, you need a visa to enter any country. Advanced parol is not a
visa. I do not have a K1 visa as I used to be on H1B. My H1B is no
longer valid. I don't think the customs will let me in without a visa.
Hope

Hope

Also, just to clarify, I am not a overstayer. My husband filed I130 for
me last year's Nov. I applied for I485 at the same time. I changed my
job in March this year. So until March, I was under working visa but in
the process of changing status. Now, I am no longer on H1B as I have
EAD.
Anybody is aware of this kind of situation? I will give USCIS a call on
Monday. But if anybody has any knowledge or experience, please share
with me. I really need to go home ASAP.
Hope

NCTarheel

Sorry to hear about your mom. As for the Advance Parole, it is a special travel document that applicants for AOS, among others, have to use to travel and return to the US. YOU DO NOT NEED ANY OTHER VISA. Since you don't seem to have any overstay problems, you need not worry about any ban and safely travel to China and back.

Hope

Thanks so much everybody! Seems that I had a misunderstanding of the
visa thing. I was actually told by a friend that in my case, I might
not be able to re-enter the US.
I never had any overstay. Actually I'd been on my H1B for only three
years when I discontinued it.
It is such a relief to hear what you guys said. Now I can go home to
see my mother.
I will come back for the July 17th's interview as I've heard so many
bad stories and will not take a chance.
Thanks once again!
Hope

Wildandcrazy0525

Safe Travels, Hope your mum is ok.