I will receive the Green Card at home while I will be travelling outside the US (with my Advance Parole) can I re-enter the US?
I have a pretty unique situation I would like some advice on.
I have applied for the green card adjustment of status in June 2018. I was granted EAD with advance parole, and I am scheduled for the green card interview on February 20th 2019. Two days after the interview, on February 22nd 2019, I will need to leave the US for few weeks for a trip planned a long time ago, certainly before I knew I was scheduled for the interview on the 20th. Assuming my interview goes smoothly since there are no red flags, it seems like they will send the card to my house approximately one week after the interview, but at that time I will already be outside the US. My question is, when I re-enter the US, will they accept my advance parole? Or does AP expire as soon as USCIS issues my green card?
Any advice would be greatly appreciated.
Best Answer
Multiple US immigration lawyers say that you will surrender your EAD/I-512 and receive your temporary I-551 stamp at this interview if there is no problem with your documents or answers to interview questions. Otherwise you'll be asked to submit any missing documents later, and you keep your EAD in hand. (Examples: 1, 2)
You should tell the officer at the interview that you have to travel in two days, just as a reminder. The USCIS policy manual instructs officers to ensure they place the stamp in your passport in this case.
If the officer determines that the case is approvable during the interview and the applicant anticipates immediate emergency travel, the officer may place a stamp as proof of temporary permanent resident status in the applicant’s passport, per local office guidelines. The stamp must have a dry seal affixed to be valid for travel.
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Are you able to travel out of the US while awaiting your green card?
Traveling abroad while awaiting your green cardThe travel document allows someone living in the U.S. while awaiting their green card to travel abroad without nullifying their green card application. For a family-based green card, it takes anywhere from 10 months to several years or more to process a green card.Can I travel while Advance parole is pending?
At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation.How long can you stay outside of US with advance parole?
Advance Parole is normally granted for multiple entries into the U.S. and for the time period required to complete the adjustment of status application, not to exceed one year. This isn't set out in the law anywhere; it's a matter of USCIS policy.Can I stay in the country while waiting for green card?
Some people can stay in the U.S. for the entire period of applying for a U.S. green card. Others must leave the U.S., either while they wait for a visa to become available (which can take years in some cases) or in order to attend their immigrant visa interview, which is the last major step in the immigration process.Advanced Parole: Can I travel while my green card is pending?
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Answer 2
Does AP expire as soon as USCIS issues my Green Card?
Your advance parole document automatically voids upon approval of your permanent residence petition. It’s akin to someone using a permanent resident card after their naturalization has been approved.
when I re-enter the US, will they accept my Advance Parole?
That said in their system it may take some time to update so you might be able to return on it. Doesn’t mean it is legal.
Advance parole is an immigration document issued by the United States Citizenship and Immigration Services (USCIS) to enable an alien to be paroled into the United States. It is not a U.S. visa or a re-entry permit; it is only issued to people without permanent residency.
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