Planning on traveling using Advance Parole (pending AOS)


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Would it be fine to travel using Advance Parole for 3 to 4 months?  I have pending 130 (sponsored by my child)  and 485 (PD - Feb 20, 2022).  I am curious if the green card is produced in this timeline (while I am away), can the Advance Parole be used to enter United States? 

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  • 2 weeks later...

Your Advance Parole document allows you to leave and return to the United States while your permanent legal status is pending without jeopardizing your green card application. While Advance Parole allows you to re-enter the United States, it does not guarantee your re-entry, as re-entry is subject to the discretion of the U.S. immigration official at the port of entry. As such, it is important to weigh the necessity of traveling abroad before leaving.

Technically, your Advance Parole document allows you to leave the United States. However, the longer the trip the greater the risks. First, USCIS can revoke your Advance Parole at any time, in which case you would not be able to re-enter the country. Second, if your green card application is denied while you are abroad, you would similarly be unable to re-enter the country. And finally, if you are planning an extended trip abroad it is important to be mindful of dates for scheduled biometrics and interview appointments, as missing these appointments can jeopardize your green card application.

If your green card is approved while you are overseas, see this article for what to expect and how to plan for your return to the United States. https://www.murthy.com/2014/05/26/i-485-approval-during-international-travel-2/

Prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach. https://www.murthy.com/client-services/hire-us/

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