I-131 Travel time limits
Apr 29th 2004, 1:19 pm
#1
Guest
Posts: n/a
I-131 Travel time limits
I am filing I-485 and other forms to adjust the status of my Parents
who are visiting me here in the US. So currently they are on visitor
visa and since i am US citizean i am applying for their green card.
Now my question is, since it takes long time to process Adjust of
Status, they may need to travel. I don't know when they want to
travel?
Can i still Use form I-131 to get the travel document in advanced?
Is there any expiration date for the travel document?
Do they have to use that travel document right away?
How long can they stay out of the US if they have that travel
document?
Thank you for your help.
Sam
who are visiting me here in the US. So currently they are on visitor
visa and since i am US citizean i am applying for their green card.
Now my question is, since it takes long time to process Adjust of
Status, they may need to travel. I don't know when they want to
travel?
Can i still Use form I-131 to get the travel document in advanced?
Is there any expiration date for the travel document?
Do they have to use that travel document right away?
How long can they stay out of the US if they have that travel
document?
Thank you for your help.
Sam
Apr 29th 2004, 8:39 pm
#2
Forum Regular
Joined: Mar 2004
Posts: 127
Re: I-131 Travel time limits
Originally posted by Sam Williams
I am filing I-485 and other forms to adjust the status of my Parents
who are visiting me here in the US. So currently they are on visitor
visa and since i am US citizean i am applying for their green card.
Now my question is, since it takes long time to process Adjust of
Status, they may need to travel. I don't know when they want to
travel?
Can i still Use form I-131 to get the travel document in advanced?
Is there any expiration date for the travel document?
Do they have to use that travel document right away?
How long can they stay out of the US if they have that travel
document?
Thank you for your help.
Sam
I am filing I-485 and other forms to adjust the status of my Parents
who are visiting me here in the US. So currently they are on visitor
visa and since i am US citizean i am applying for their green card.
Now my question is, since it takes long time to process Adjust of
Status, they may need to travel. I don't know when they want to
travel?
Can i still Use form I-131 to get the travel document in advanced?
Is there any expiration date for the travel document?
Do they have to use that travel document right away?
How long can they stay out of the US if they have that travel
document?
Thank you for your help.
Sam
Apr 29th 2004, 11:16 pm
#3
Guest
Posts: n/a
Re: I-131 Travel time limits
You had better consult an attorney.
My understanding is that someone who comes on a nonimmigrant visa,
tries to Adjust Status and then leaves is considered to have abandoned
the attempt to adjust and that Advanced Parole is granted only under
very limited circumstances.
Also, having overstayed a nonimmigrant visa can result in a ban from
the US.
[email protected] (Sam Williams) wrote in message news:<[email protected]. com>...
> I am filing I-485 and other forms to adjust the status of my Parents
> who are visiting me here in the US. So currently they are on visitor
> visa and since i am US citizean i am applying for their green card.
> Now my question is, since it takes long time to process Adjust of
> Status, they may need to travel. I don't know when they want to
> travel?
> Can i still Use form I-131 to get the travel document in advanced?
> Is there any expiration date for the travel document?
> Do they have to use that travel document right away?
> How long can they stay out of the US if they have that travel
> document?
>
>
> Thank you for your help.
>
> Sam
My understanding is that someone who comes on a nonimmigrant visa,
tries to Adjust Status and then leaves is considered to have abandoned
the attempt to adjust and that Advanced Parole is granted only under
very limited circumstances.
Also, having overstayed a nonimmigrant visa can result in a ban from
the US.
[email protected] (Sam Williams) wrote in message news:<[email protected]. com>...
> I am filing I-485 and other forms to adjust the status of my Parents
> who are visiting me here in the US. So currently they are on visitor
> visa and since i am US citizean i am applying for their green card.
> Now my question is, since it takes long time to process Adjust of
> Status, they may need to travel. I don't know when they want to
> travel?
> Can i still Use form I-131 to get the travel document in advanced?
> Is there any expiration date for the travel document?
> Do they have to use that travel document right away?
> How long can they stay out of the US if they have that travel
> document?
>
>
> Thank you for your help.
>
> Sam
Apr 30th 2004, 12:07 am
#4
Guest
Posts: n/a
Re: I-131 Travel time limits
Harold wrote:
> You had better consult an attorney.
>
> My understanding is that someone who comes on a nonimmigrant visa,
> tries to Adjust Status and then leaves is considered to have abandoned
> the attempt to adjust and that Advanced Parole is granted only under
> very limited circumstances.
You understood it wrong.. Many people here have done this and AP is only
NOT granted in limited circumstances.
> You had better consult an attorney.
>
> My understanding is that someone who comes on a nonimmigrant visa,
> tries to Adjust Status and then leaves is considered to have abandoned
> the attempt to adjust and that Advanced Parole is granted only under
> very limited circumstances.
You understood it wrong.. Many people here have done this and AP is only
NOT granted in limited circumstances.
Apr 30th 2004, 1:35 am
#5
Just Joined
Joined: Feb 2003
Location: Jakarta, Indonesia
Posts: 12
Re: I-131 Travel time limits
Is it ok to leave the US more than a month with an AP that's valid for a year?
Apr 30th 2004, 2:00 am
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I-131 Travel time limits
Originally posted by Cloudiva
Is it ok to leave the US more than a month with an AP that's valid for a year?
Is it ok to leave the US more than a month with an AP that's valid for a year?
Yes it is.
Apr 30th 2004, 7:14 am
#7
BE Enthusiast
Joined: Dec 2002
Location: UK/CA
Posts: 459
Re: I-131 Travel time limits
Originally posted by Folinskyinla
Hi:
Yes it is.
Hi:
Yes it is.
And if you obtained AP and left the US for more than two months, would there be any difficulty when trying to return?
Apr 30th 2004, 11:22 am
#8
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I-131 Travel time limits
Originally posted by 207lonsdale
And if you obtained AP and left the US for more than two months, would there be any difficulty when trying to return?
And if you obtained AP and left the US for more than two months, would there be any difficulty when trying to return?
The question is way too open ended. There can be problems ANY time you apply to a port of entry for admission or parole. That is by defintion.
Apr 30th 2004, 12:42 pm
#9
BE Enthusiast
Joined: Dec 2002
Location: UK/CA
Posts: 459
Re: I-131 Travel time limits
Originally posted by Folinskyinla
Hi:
The question is way too open ended. There can be problems ANY time you apply to a port of entry for admission or parole. That is by defintion.
Hi:
The question is way too open ended. There can be problems ANY time you apply to a port of entry for admission or parole. That is by defintion.
That's what I thought, you can leave the US once you have obtained AP, but there is no guarantee that you might not encounter difficulties when trying to return. I am assuming that the possibility of encountering difficulties at the POE might increase if you are away for an extended period, but I have no idea what is considered to be too long.
When you answered Cloudiva that it is okay to leave the US for more than a month once you have obtained AP, some might have read that to mean that they would not encounter problems returning.
Apr 30th 2004, 2:05 pm
#10
Guest
Posts: n/a
Re: I-131 Travel time limits
I am sorry to ask this stipid questions.. but i don't know
anything..!!
What is this PA and AP?????
So you are saying that they could get the travel permit for 1 year. So
they can travel outside the us, as long as they are back within one
year? Is that correct?
And after that they can apply for multiple entry for another 1 year??
Is that correct too?
I really appreciate your help..
Thank you very much,
Sam
> The PA is good for 1 year and they have to apply for a multiple entry
> AP. They will be good for 1 year on that AP.
anything..!!
What is this PA and AP?????
So you are saying that they could get the travel permit for 1 year. So
they can travel outside the us, as long as they are back within one
year? Is that correct?
And after that they can apply for multiple entry for another 1 year??
Is that correct too?
I really appreciate your help..
Thank you very much,
Sam
> The PA is good for 1 year and they have to apply for a multiple entry
> AP. They will be good for 1 year on that AP.
Apr 30th 2004, 2:14 pm
#11
Guest
Posts: n/a
Re: I-131 Travel time limits
Harold,
Thank you for your reply.
But here is what i know so far, My parents are here on nonimmigrat
visa and that visa is still valid for another 5 months. Now when i usa
I-485 for their AOS i think they will get a temporary permit to stay
legally in the US until the process of I-485 is complete.
So if they approve I-131 than they can travel which is again legal
permit. If they don't get the travel permit.. they won't travel.. !!
So there is no way their application is abandoned it they travel
legally..
Second they don't need to overstay their visa.. before their visa
expires they will get temporary permit.. nothing to worry about..
Sam
[email protected] (Harold) wrote in message news:<[email protected]. com>...
> You had better consult an attorney.
>
> My understanding is that someone who comes on a nonimmigrant visa,
> tries to Adjust Status and then leaves is considered to have abandoned
> the attempt to adjust and that Advanced Parole is granted only under
> very limited circumstances.
>
> Also, having overstayed a nonimmigrant visa can result in a ban from
> the US.
>
> [email protected] (Sam Williams) wrote in message news:<[email protected]. com>...
> > I am filing I-485 and other forms to adjust the status of my Parents
> > who are visiting me here in the US. So currently they are on visitor
> > visa and since i am US citizean i am applying for their green card.
> > Now my question is, since it takes long time to process Adjust of
> > Status, they may need to travel. I don't know when they want to
> > travel?
> > Can i still Use form I-131 to get the travel document in advanced?
> > Is there any expiration date for the travel document?
> > Do they have to use that travel document right away?
> > How long can they stay out of the US if they have that travel
> > document?
> >
> >
> > Thank you for your help.
> >
> > Sam
Thank you for your reply.
But here is what i know so far, My parents are here on nonimmigrat
visa and that visa is still valid for another 5 months. Now when i usa
I-485 for their AOS i think they will get a temporary permit to stay
legally in the US until the process of I-485 is complete.
So if they approve I-131 than they can travel which is again legal
permit. If they don't get the travel permit.. they won't travel.. !!
So there is no way their application is abandoned it they travel
legally..
Second they don't need to overstay their visa.. before their visa
expires they will get temporary permit.. nothing to worry about..
Sam
[email protected] (Harold) wrote in message news:<[email protected]. com>...
> You had better consult an attorney.
>
> My understanding is that someone who comes on a nonimmigrant visa,
> tries to Adjust Status and then leaves is considered to have abandoned
> the attempt to adjust and that Advanced Parole is granted only under
> very limited circumstances.
>
> Also, having overstayed a nonimmigrant visa can result in a ban from
> the US.
>
> [email protected] (Sam Williams) wrote in message news:<[email protected]. com>...
> > I am filing I-485 and other forms to adjust the status of my Parents
> > who are visiting me here in the US. So currently they are on visitor
> > visa and since i am US citizean i am applying for their green card.
> > Now my question is, since it takes long time to process Adjust of
> > Status, they may need to travel. I don't know when they want to
> > travel?
> > Can i still Use form I-131 to get the travel document in advanced?
> > Is there any expiration date for the travel document?
> > Do they have to use that travel document right away?
> > How long can they stay out of the US if they have that travel
> > document?
> >
> >
> > Thank you for your help.
> >
> > Sam
Apr 30th 2004, 4:35 pm
#12
Member
Joined: Apr 2001
Posts: 14,049
Re: I-131 Travel time limits
Sam,
A typographical error.
Advance Parole - permission, obtained in advance, to re-enter the USA on parole pending the completion of processing of an I-485 application for adjustment of status from non-immigrant to Permanent Resident.
Regards, JEff
Originally posted by Sam Williams
I am sorry to ask this stipid questions.. but i don't know
anything..!!
What is this PA ...
I am sorry to ask this stipid questions.. but i don't know
anything..!!
What is this PA ...
Originally posted by Sam Williams
... and AP?????
... and AP?????
Regards, JEff
May 1st 2004, 1:43 am
#13
Guest
Posts: n/a
Re: I-131 Travel time limits
I still advise professional advice- I am not a professional.
Entering the US on a nonimmigrant visa with the intention to remain is
illegal and one may subsequently be required to provide evidenct that
one did, in fact, not intend to stay.
There is no 'temporary permit', per se. Having filed for AOS does
confer legal status until a decision is made.
Obtaining a travel document is in no way a guarantee of being
permitted to return.
'Abandonment' is nonintuitive legal issue.
[email protected] (Sam Williams) wrote in message news:<[email protected]. com>...
> Harold,
>
> Thank you for your reply.
> But here is what i know so far, My parents are here on nonimmigrat
> visa and that visa is still valid for another 5 months. Now when i usa
> I-485 for their AOS i think they will get a temporary permit to stay
> legally in the US until the process of I-485 is complete.
> So if they approve I-131 than they can travel which is again legal
> permit. If they don't get the travel permit.. they won't travel.. !!
>
> So there is no way their application is abandoned it they travel
> legally..
> Second they don't need to overstay their visa.. before their visa
> expires they will get temporary permit.. nothing to worry about..
>
> Sam
>
>
> [email protected] (Harold) wrote in message news:<[email protected]. com>...
> > You had better consult an attorney.
> >
> > My understanding is that someone who comes on a nonimmigrant visa,
> > tries to Adjust Status and then leaves is considered to have abandoned
> > the attempt to adjust and that Advanced Parole is granted only under
> > very limited circumstances.
> >
> > Also, having overstayed a nonimmigrant visa can result in a ban from
> > the US.
> >
> > [email protected] (Sam Williams) wrote in message news:<[email protected]. com>...
> > > I am filing I-485 and other forms to adjust the status of my Parents
> > > who are visiting me here in the US. So currently they are on visitor
> > > visa and since i am US citizean i am applying for their green card.
> > > Now my question is, since it takes long time to process Adjust of
> > > Status, they may need to travel. I don't know when they want to
> > > travel?
> > > Can i still Use form I-131 to get the travel document in advanced?
> > > Is there any expiration date for the travel document?
> > > Do they have to use that travel document right away?
> > > How long can they stay out of the US if they have that travel
> > > document?
> > >
> > >
> > > Thank you for your help.
> > >
> > > Sam
Entering the US on a nonimmigrant visa with the intention to remain is
illegal and one may subsequently be required to provide evidenct that
one did, in fact, not intend to stay.
There is no 'temporary permit', per se. Having filed for AOS does
confer legal status until a decision is made.
Obtaining a travel document is in no way a guarantee of being
permitted to return.
'Abandonment' is nonintuitive legal issue.
[email protected] (Sam Williams) wrote in message news:<[email protected]. com>...
> Harold,
>
> Thank you for your reply.
> But here is what i know so far, My parents are here on nonimmigrat
> visa and that visa is still valid for another 5 months. Now when i usa
> I-485 for their AOS i think they will get a temporary permit to stay
> legally in the US until the process of I-485 is complete.
> So if they approve I-131 than they can travel which is again legal
> permit. If they don't get the travel permit.. they won't travel.. !!
>
> So there is no way their application is abandoned it they travel
> legally..
> Second they don't need to overstay their visa.. before their visa
> expires they will get temporary permit.. nothing to worry about..
>
> Sam
>
>
> [email protected] (Harold) wrote in message news:<[email protected]. com>...
> > You had better consult an attorney.
> >
> > My understanding is that someone who comes on a nonimmigrant visa,
> > tries to Adjust Status and then leaves is considered to have abandoned
> > the attempt to adjust and that Advanced Parole is granted only under
> > very limited circumstances.
> >
> > Also, having overstayed a nonimmigrant visa can result in a ban from
> > the US.
> >
> > [email protected] (Sam Williams) wrote in message news:<[email protected]. com>...
> > > I am filing I-485 and other forms to adjust the status of my Parents
> > > who are visiting me here in the US. So currently they are on visitor
> > > visa and since i am US citizean i am applying for their green card.
> > > Now my question is, since it takes long time to process Adjust of
> > > Status, they may need to travel. I don't know when they want to
> > > travel?
> > > Can i still Use form I-131 to get the travel document in advanced?
> > > Is there any expiration date for the travel document?
> > > Do they have to use that travel document right away?
> > > How long can they stay out of the US if they have that travel
> > > document?
> > >
> > >
> > > Thank you for your help.
> > >
> > > Sam
May 3rd 2004, 1:21 pm
#14
Guest
Posts: n/a
Re: I-131 Travel time limits
Hi Harold,
Thank you again for your reply.
I understand what u saying and i will take advise from pro.
But Here is my general question. I invited my parents here in US
because my wife was pragnet, and this was our first baby and we needed
some help. Now it seems like if they stay for little longer that would
be great for us (or Atleast my mom). So there was no intention for
them to stay here. Infact my daddy will be most likely returning to my
home contary, since he can't afford to stay much longer here. But i
mom can stay here, so i just want here to stay and apply for her AOS.
IS THAT GOOD ENOUGH REASON for my to file I-485 for her?
Thank you,
Sam
[email protected] (Harold) wrote in message news:<[email protected] om>...
> I still advise professional advice- I am not a professional.
>
> Entering the US on a nonimmigrant visa with the intention to remain is
> illegal and one may subsequently be required to provide evidenct that
> one did, in fact, not intend to stay.
>
> There is no 'temporary permit', per se. Having filed for AOS does
> confer legal status until a decision is made.
>
> Obtaining a travel document is in no way a guarantee of being
> permitted to return.
>
> 'Abandonment' is nonintuitive legal issue.
>
> [email protected] (Sam Williams) wrote in message news:<[email protected]. com>...
> > Harold,
> >
> > Thank you for your reply.
> > But here is what i know so far, My parents are here on nonimmigrat
> > visa and that visa is still valid for another 5 months. Now when i usa
> > I-485 for their AOS i think they will get a temporary permit to stay
> > legally in the US until the process of I-485 is complete.
> > So if they approve I-131 than they can travel which is again legal
> > permit. If they don't get the travel permit.. they won't travel.. !!
> >
> > So there is no way their application is abandoned it they travel
> > legally..
> > Second they don't need to overstay their visa.. before their visa
> > expires they will get temporary permit.. nothing to worry about..
> >
> > Sam
Thank you again for your reply.
I understand what u saying and i will take advise from pro.
But Here is my general question. I invited my parents here in US
because my wife was pragnet, and this was our first baby and we needed
some help. Now it seems like if they stay for little longer that would
be great for us (or Atleast my mom). So there was no intention for
them to stay here. Infact my daddy will be most likely returning to my
home contary, since he can't afford to stay much longer here. But i
mom can stay here, so i just want here to stay and apply for her AOS.
IS THAT GOOD ENOUGH REASON for my to file I-485 for her?
Thank you,
Sam
[email protected] (Harold) wrote in message news:<[email protected] om>...
> I still advise professional advice- I am not a professional.
>
> Entering the US on a nonimmigrant visa with the intention to remain is
> illegal and one may subsequently be required to provide evidenct that
> one did, in fact, not intend to stay.
>
> There is no 'temporary permit', per se. Having filed for AOS does
> confer legal status until a decision is made.
>
> Obtaining a travel document is in no way a guarantee of being
> permitted to return.
>
> 'Abandonment' is nonintuitive legal issue.
>
> [email protected] (Sam Williams) wrote in message news:<[email protected]. com>...
> > Harold,
> >
> > Thank you for your reply.
> > But here is what i know so far, My parents are here on nonimmigrat
> > visa and that visa is still valid for another 5 months. Now when i usa
> > I-485 for their AOS i think they will get a temporary permit to stay
> > legally in the US until the process of I-485 is complete.
> > So if they approve I-131 than they can travel which is again legal
> > permit. If they don't get the travel permit.. they won't travel.. !!
> >
> > So there is no way their application is abandoned it they travel
> > legally..
> > Second they don't need to overstay their visa.. before their visa
> > expires they will get temporary permit.. nothing to worry about..
> >
> > Sam
May 3rd 2004, 3:00 pm
#15
Lost in BE Cyberspace
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Re: I-131 Travel time limits
Sam,
Harold is right when he says there is no such thing as a temporary permit. Once you file the I-485 for your folks, all you will receive is a Notice of Action, I-797, and that's only if you are lucky. There are many people, from what I've read, who haven't received anything back from USCIS after filing the I-485.
If your folks need to travel, they can file for AP using I-131, however, as MrF has said, there is still no guarantee that they will be permitted re-entry. If they leave the US without having AP, their application for Adj. of Status will be considered abandoned. And as I understand it, the AP may be valid for a year, but that doesn't mean you can live outside the US for a year (or does it?).
I would definitely get a consulation with a lawyer just to ensure understanding of all the laws surrounding your questions. They will have better information than most of us on a Newsgroup.
Cheers,
Jamie
Harold is right when he says there is no such thing as a temporary permit. Once you file the I-485 for your folks, all you will receive is a Notice of Action, I-797, and that's only if you are lucky. There are many people, from what I've read, who haven't received anything back from USCIS after filing the I-485.
If your folks need to travel, they can file for AP using I-131, however, as MrF has said, there is still no guarantee that they will be permitted re-entry. If they leave the US without having AP, their application for Adj. of Status will be considered abandoned. And as I understand it, the AP may be valid for a year, but that doesn't mean you can live outside the US for a year (or does it?).
I would definitely get a consulation with a lawyer just to ensure understanding of all the laws surrounding your questions. They will have better information than most of us on a Newsgroup.
Cheers,
Jamie