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-   -   How long can I be outside US using Advanced Parole? ( (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/how-long-can-i-outside-us-using-advanced-parole-478635/)

Noorah101 Sep 3rd 2007 10:18 am

Re: How long can I be outside US using Advanced Parole? (
 

Originally Posted by Elvira (Post 5269700)
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?

So do you mean filling out the AP and mailing it to Chicago from abroad? Or do you mean applying for it at a location abroad?

Rene

Elvira Sep 3rd 2007 10:23 am

Re: How long can I be outside US using Advanced Parole? (
 

Originally Posted by Noorah101 (Post 5269757)
So do you mean filling out the AP and mailing it to Chicago from abroad? Or do you mean applying for it at a location abroad?

Rene

I hadn't thought about it in that much detail but would assume the former makes more sense.

ian-mstm Sep 3rd 2007 10:25 am

Re: How long can I be outside US using Advanced Parole? (
 

Originally Posted by andywj (Post 5268911)
Can anyone share with us their experience coming back using AP and what document they brought with them?

Like others, I only needed my passport and AP documents. Let me add that there is *never* a guarantee that you will be allowed to re-enter the US... that right is reserved for US citizens only, regardless of whether you have a valid visa, AP, or a green card. Further, and purely from a legal standpoint, there *is* a difference between being "admitted" to the US and being "paroled in" to the US. Being "admitted" is better!

Ian

Rete Sep 3rd 2007 10:36 am

Re: How long can I be outside US using Advanced Parole? (
 

Originally Posted by Elvira (Post 5269781)
I hadn't thought about it in that much detail but would assume the former makes more sense.


However, note that if there is a lapse of only one day between the expiration of the old AP and the issuance of the new AP you are SOL and have abandoned your AOS. Is it worth the risk?

I, too, read the I-131 instructions and while it does not say you have to be inside of the US at the time of application, the I-131 was not originally made up for pending adjusters who had to wait years for approval. I would be very very hesitant of being outside of the US with an expired AP even knowing that another one is in the works.

Elvira Sep 3rd 2007 10:41 am

Re: How long can I be outside US using Advanced Parole? (
 

Originally Posted by Rete (Post 5269830)
However, note that if there is a lapse of only one day between the expiration of the old AP and the issuance of the new AP you are SOL and have abandoned your AOS. Is it worth the risk?

I, too, read the I-131 instructions and while it does not say you have to be inside of the US at the time of application, the I-131 was not originally made up for pending adjusters who had to wait years for approval. I would be very very hesitant of being outside of the US with an expired AP even knowing that another one is in the works.

Okay - are you saying that it's okay to apply from outside the US as long as there is no break between the old and the new AP? Or if the AOS applicant returns to the US while the old AP is still valid, and leaving again once the new AP (applied for from outside the US) is received?

Rete Sep 3rd 2007 11:10 am

Re: How long can I be outside US using Advanced Parole? (
 

Originally Posted by Elvira (Post 5269851)
Okay - are you saying that it's okay to apply from outside the US as long as there is no break between the old and the new AP? Or if the AOS applicant returns to the US while the old AP is still valid, and leaving again once the new AP (applied for from outside the US) is received?

You got it on the second guess.

hcj1440 Sep 3rd 2007 1:09 pm

Re: How long can I be outside US using Advanced Parole? (
 
My husband was outside of the US for 87 consecutive days and was let back in on Advance Parole. We were traveling so were constantly on the move in different countries -- which IMHO is very different from taking "temporary" employment. (Much easier to make a case for abandonment of your AOS when you "move" abroad and have a job abroad.) So your mileage may vary by a lot.


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