Advance parole question

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Old Mar 18th 2007, 7:58 am
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Default 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
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Old Mar 18th 2007, 1:21 pm
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Default Re: Advance parole question

Originally Posted by rk164
My wife and I are on L1/L2 visas living in the US.
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
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Old Mar 19th 2007, 2:28 am
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Default Re: Advance parole question

Originally Posted by ian-mstm
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.
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Old Mar 19th 2007, 4:18 am
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Default 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.
--
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For reliable advice, consult a competent immigration attorney.
 
Old Mar 19th 2007, 5:16 am
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Default Re: Advance parole question

Originally Posted by Elvira
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.
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.
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Old Mar 19th 2007, 6:14 am
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Default Re: Advance parole question

Originally Posted by hcj1440
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.
Sorry I wasn't clear - I meant if an I-485 has been filed...
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Old Mar 19th 2007, 7:30 pm
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Default 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.
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Old Mar 26th 2007, 5:31 pm
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Default Re: Advance parole question

Originally Posted by rk164
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
It is travel document that you present in order to board airplane to USA and also show to Homeland Security at US airport. My wife n I have that doc and have used it twice already. Works fine!
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