Advance parole for TPS while on H4
Apr 28th 2003, 6:16 pm
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Advance parole for TPS while on H4
Hi folks,
I have several questions related to advance parole. My wife and kids are planning to go back to our home country for about 2 months. My kids are US citizens. My wife has both H4 and TPS status.
We applied for advance parole for my wife. We haven’t got it yet, but assuming that we will get it. My questions are as follows:
1- Our original plan is for my wife to travel with her original passport, get her H4 visa stamped on her passport in the US embassy back home, and use it to reenter to the US (no use of advance parole). Provided that every thing goes as planned, is there a chance that she might be denied entrance to the US with the H4 visa? And if so, can she then “flash� her advance parole and use it instead to enter the US?
2- The US embassy back home, sometimes, require long wait to process any papers. In that case, if the kids vacation is about to be over and she couldn’t wait any longer (or if the embassy for some reason refused to stamp the H4 in her passport), she would return without the stamp and use her advance parole to re-enter. Is this a plausible solution? Is it possible for some one to use advance parole for entrance only, while using his own country’s passport to leave the US?
3- I am currently working on EB-1 petition but haven’t submitted it yet. I heard that once I submit my application, I loose the right (and so does my wife) to travel abroad without an advance parole. In this case, when I apply, my wife would have an advance parole already (from a different category though, the TPS). First, is it true that one looses his H1/4 status when one applies for EB-1? Would my application worsen her situation? Is it better to wait on my submission until she is back? Or is this information true for the adjustment of status and not the initial approval stage?
Thank you very much, we appreciate your input.
I have several questions related to advance parole. My wife and kids are planning to go back to our home country for about 2 months. My kids are US citizens. My wife has both H4 and TPS status.
We applied for advance parole for my wife. We haven’t got it yet, but assuming that we will get it. My questions are as follows:
1- Our original plan is for my wife to travel with her original passport, get her H4 visa stamped on her passport in the US embassy back home, and use it to reenter to the US (no use of advance parole). Provided that every thing goes as planned, is there a chance that she might be denied entrance to the US with the H4 visa? And if so, can she then “flash� her advance parole and use it instead to enter the US?
2- The US embassy back home, sometimes, require long wait to process any papers. In that case, if the kids vacation is about to be over and she couldn’t wait any longer (or if the embassy for some reason refused to stamp the H4 in her passport), she would return without the stamp and use her advance parole to re-enter. Is this a plausible solution? Is it possible for some one to use advance parole for entrance only, while using his own country’s passport to leave the US?
3- I am currently working on EB-1 petition but haven’t submitted it yet. I heard that once I submit my application, I loose the right (and so does my wife) to travel abroad without an advance parole. In this case, when I apply, my wife would have an advance parole already (from a different category though, the TPS). First, is it true that one looses his H1/4 status when one applies for EB-1? Would my application worsen her situation? Is it better to wait on my submission until she is back? Or is this information true for the adjustment of status and not the initial approval stage?
Thank you very much, we appreciate your input.
