Advance parole question
#1
Just Joined
Thread Starter
Joined: Mar 2006
Posts: 29
Advance parole question
My wife and I are on L1/L2 visas living in the US.
I have the L2 and EAD and am currently working. My wife's employer will be processing our GC applications. From what I have read, I believe that I would need to obtain Advance Parole in order to leave the country and be able to return. Is this correct?
I am not clear on how to use the Advance Parole when travelling, is it simply a document that needs to be presented?
Thanks in advance
rk164
I have the L2 and EAD and am currently working. My wife's employer will be processing our GC applications. From what I have read, I believe that I would need to obtain Advance Parole in order to leave the country and be able to return. Is this correct?
I am not clear on how to use the Advance Parole when travelling, is it simply a document that needs to be presented?
Thanks in advance
rk164
#3
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,181
Re: Advance parole question
I thought if an EAD is involved and has been activated, AP is required.
#4
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Posts: n/a
Re: Advance parole question
Elvira wrote on 03/18/07 19:28:
>> As long as the L1/L2 visa is valid, you can leave and re-enter the US
>> as much as you want. No need for Advance Parole.
>>
>> Ian
>
> I'm sure this is correct as far as the L1 is concerned - but are you
> sure about the L2?
>
> I thought if an EAD is involved and has been activated, AP is required.
No. AP is needed to avoid abandoning a pending I-485. It has nothing to do with
an EAD.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
>> As long as the L1/L2 visa is valid, you can leave and re-enter the US
>> as much as you want. No need for Advance Parole.
>>
>> Ian
>
> I'm sure this is correct as far as the L1 is concerned - but are you
> sure about the L2?
>
> I thought if an EAD is involved and has been activated, AP is required.
No. AP is needed to avoid abandoning a pending I-485. It has nothing to do with
an EAD.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
#5
Re: Advance parole question
If you are here on L-2 you need an EAD to work, correct? So let's say you are here on plain old L-2, no AOS in play, and you are working on EAD. You would not need AP to travel despite the fact you have an EAD, because your L-2 is still valid.
#6
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,181
Re: Advance parole question
My understanding is that if an EAD has been used, thereby *invalidating the L-1 visa* (and the dependent L-2), then AP must be used.
If you are here on L-2 you need an EAD to work, correct? So let's say you are here on plain old L-2, no AOS in play, and you are working on EAD. You would not need AP to travel despite the fact you have an EAD, because your L-2 is still valid.
If you are here on L-2 you need an EAD to work, correct? So let's say you are here on plain old L-2, no AOS in play, and you are working on EAD. You would not need AP to travel despite the fact you have an EAD, because your L-2 is still valid.
#7
Re: Advance parole question
You were clear Elvira. I was just illustrating (poorly) that an L-2 would not need AP in a non-AOS circumstance despite using EAD, and therefore, it stood to reason that an L-2 would also not need AP in an AOS circumstance, despite use of EAD, as long as the L visas are still valid.
I guess I was trying to say that use of EAD by the L-2 holder does not invalidate the L-2 visa, therefore no AP required. Use of EAD by the L-1 holder *would* invalidate both L visas, therefore AP would be required in that case.
I guess I was trying to say that use of EAD by the L-2 holder does not invalidate the L-2 visa, therefore no AP required. Use of EAD by the L-1 holder *would* invalidate both L visas, therefore AP would be required in that case.
#8
Just Joined
Joined: Mar 2007
Posts: 5
Re: Advance parole question
My wife and I are on L1/L2 visas living in the US.
I have the L2 and EAD and am currently working. My wife's employer will be processing our GC applications. From what I have read, I believe that I would need to obtain Advance Parole in order to leave the country and be able to return. Is this correct?
I am not clear on how to use the Advance Parole when travelling, is it simply a document that needs to be presented?
Thanks in advance
rk164
I have the L2 and EAD and am currently working. My wife's employer will be processing our GC applications. From what I have read, I believe that I would need to obtain Advance Parole in order to leave the country and be able to return. Is this correct?
I am not clear on how to use the Advance Parole when travelling, is it simply a document that needs to be presented?
Thanks in advance
rk164