andywj

How long can I stay outside US using Advanced Parole? ( couple of
weeks, < 6 months, < 1 year, )?
Can it only be used for emergency? Can I take a temporary job abroad
using AP while waiting for my I-485 to be approved?

What would happen to me if my case is rejected while I am outside US?
Can I still come back and repeal?
If I stay in US, do I need to leave US if my 485 is rejected?

Thanks and enjoy your labor day!

Noorah101

Assuming you are eligible to use AP (i.e, no overstays involved in your case), I believe you can be outside the USA up until you need to be here for your AOS interview. A friend of mine stayed outside the USA for 3 months on AP and had no problem returning to USA. AP is not for emergency only. It doesn't matter to USCIS what you are doing while using AP, so you can work overseas if you want to. If your I-485 is denied for some reason while you are outside the USA, you will not be able to return to the USA using AP. You might be able to get a lawyer and get help in returning somehow. If you stay in the USA and your I-485 is denied, you can hire a lawyer to determine if you have any way of staying...it might depend on why the AOS was denied.

Best Wishes,
Rene

Elvira

This is useful information, Rene.

Would you mind posting the sources for the points you are making as I have a friend to whom this would be of interest?

Thanks!

ian-mstm

If your case is denied and you are outside the US, you will have *no* basis for re-entry... so, no, you can't "come back" to *appeal* the decision. The moment the case is denied, your AP becomes invalid.


If your case is denied, you will become *immediately* removable from the US. Of course, they have to catch you first.

Ian

Rete

Doubt that you will find anything written up on this in the laws of USCIS. It is knowledge that is gleamed from reading the forum and the personal experiences of others.

andywj

On Sep 2, 11:47 pm, Noorah101 <[email protected]>
wrote:
> > How long can I stay outside US using Advanced Parole? ( couple of
> > weeks, < 6 months, < 1 year, )?
> > Can it only be used for emergency? Can I take a temporary job abroad
> > using AP while waiting for my I-485 to be approved?
>
> > What would happen to me if my case is rejected while I am outside US?
> > Can I still come back and repeal?
> > If I stay in US, do I need to leave US if my 485 is rejected?
>
> > Thanks and enjoy your labor day!
>
> Assuming you are eligible to use AP (i.e, no overstays involved in your
> case), I believe you can be outside the USA up until you need to be here
> for your AOS interview. A friend of mine stayed outside the USA for 3
> months on AP and had no problem returning to USA. AP is not for
> emergency only. It doesn't matter to USCIS what you are doing while
> using AP, so you can work overseas if you want to. If your I-485 is
> denied for some reason while you are outside the USA, you will not be
> able to return to the USA using AP. You might be able to get a lawyer
> and get help in returning somehow. If you stay in the USA and your I-
> 485 is denied, you can hire a lawyer to determine if you have any way of
> staying...it might depend on why the AOS was denied.
>
> Best Wishes,
> Rene
>
> --
> Posted viahttp://britishexpats.com

Thanks Rene and Ian, I agree with what you said.

Just to be clear, I already had my AOS interview and got my AP.
But my name-check is not finished yet when I had my AOS interview last
week ( which is already 4 months since I submit my 485 application)

Based on what I researched this weekend, there is a good chance the
name check will drag more than one year ( one stat I saw is 1/3 cases'
name check take more than a year). Name-check seem to be a bigger
issue than I had anticipated so I want to make sure the role and use
of AP to prepare for the long haul.

One thing I noticed is that my AP only cover one-year from its issue
date, same as EAD.. That means I have to come back to US 3 months
prior its expiration to apply a new one, right?
I guess that means one can only use AP abroad for 9 months MAX.

Will the entry officer bug you with proof of non-abandoning US as
primary residence while you return with AP?
Or it is automatically admissible given your AOS case is still pending
at the time?

Thanks again.

Elvira

AFAIK, you can apply for AP while you're abroad, but you cannot LEAVE the US without the AP documents in hand. In our experience, they take one or two months to arrive, though I've heard some people wait 3 months.

As for your second question re. possible abandonment, I don't know, but would be interested to know too...

Rete

You cannot apply for AP aboard. You must be within the US and you must not leave the US until it has been issued.

Rete

I would be very leery of doing what you are proposing to do. While I don't know of a law that says you can't; I also do not know of a law that says you can. AP is for emergent and vacation use not for living and residing outside of the US while your AOS is pending. Bear that in mind and look for employment within the US rather than outside of it.

Also until the 90's AP was only given for emergent reasons. It is assumed that if you were awaiting AOS you were to remain inside of the US for the processing. It was only because AOS was taking a year or more to adjudicate that AP was allowed for everyone and anyone who applied and should only be used by those that are qualified to us it.

Also remember that the I-131 asks about the future trips and their reasons and duration.

Elvira

Are you sure? Our lawyer says otherwise...

Noorah101

Rete is right. I'm sorry Elvira, I don't have any links on this one. Just from what I've read on here, or saw friends' experiences.

I am also under the impression you have to apply for AP from within the USA.

So to the OP, yes, you'd need to be back in the USA to apply for a new AP, and wait till you have it in hand before leaving the USA again...so might be hard to swing that kind of schedule with overseas work. Plus, yes, you are risking re-entry to some extent...because a paroled entrant is different than an admitted entrant to the USA.

Rene

andywj

On Sep 3, 12:14 pm, Rete <[email protected]> wrote:
> > AFAIK, you can apply for AP while you're abroad, but you cannot
> > LEAVE the US without the AP documents in hand. In our experience,
> > they take one or two months to arrive, though I've heard some people
> > wait 3 months.
>
> > As for your second question re. possible abandonment, I don't know,
> > but would be interested to know too...
>
> You cannot apply for AP aboard. You must be within the US and you must
> not leave the US until it has been issued.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted viahttp://britishexpats.com

Seem there are some difference of opinions regarding AP, and that is
quite expected.
Frankly it is probably one of those tricky areas in immigration that
my interview officer also only told me to "look at the instructions of
AP form" when I ased her about AP..

I guess we can agree on that using AP for a few months is fine..It
would be hard for me to imagine applying/renewing AP from outside of
US.
Can anyone share with us their experience coming back using AP and
what document they brought with them?

Rete

Passport and A/P was all my husband ever used for his re-entry into the US. But then he only used it for a weekend trip or a two week trip to Canada for business and personal reasons.

Elvira

I have checked the instructions, and whilst it states that the AP has to be RECEIVED before leaving the country, I cannot find any indication that it has to be APPLIED for whilst in the US.

Can someone cite a reliable source proving that what our lawyer says is right or wrong?

Noorah101

My friend returned from his 3-month trip outside the USA and showed his passport and AP at the POE. He wasn't questioned about anything.

Bring both your original APs with you when you leave the USA, they will keep one upon your return at the POE.

Rene