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Traveling on Advance Parole documents - Be extra careful

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Tom Hanks in movie
Wanna be like Tom Hanks? Tom Hanks in movie "The Terminal" is a man without a country that the U.S. cannot recognize, thus he is denied entrance to the U.S. He also can't be deported so he is told by the immigration offcials that he has to remain in the airport until his status can be fixed.
This is one useful experience that my friend shared with me when he travelled with his family to London and returned to US on AP documents when his AOS application is pending.

Ap (Advance Parole) will allow one to travel outside the United States while one's adjustment of status application is pending.These documents is valid between the dates shown on the document, and to re-enter into the U.S. without a valid visa in passport. Make sure that you are physically inside the United States prior to the expiration date shown on the document.

We will receive two or three original travel documents that are all identical (you will only need two - however USCIS sometimes has sent out three originals. If you have three originals (keep one in a safe place at home). Take a couple of copies with you in addition to the two originals. When you use these documents for the first time, the airline may ask for a copy of the Advance Parole.Upon arrival into the US, one original Advance Parole will be stamped by immigration and they may take the other original.

My friend carried only one original document and that created big problems for him and he was questioned that delayed his immigration check by more than half hour. So make sure you carry all the (three identical) documents when travelling with AP.

Be sure to retain the original Advance Parole (Form I-512) stamped by the U.S. Immigration officer since this is a multiple entry document and you may wish to use it again at a later date. You will not be given a new document, so make sure you keep this document in a safe place for future traveling.

If you have not yet received your employment authorization document (EAD), and you travel internationally, please carry with you a copy of your current Form I-797A approval notice that will be evidence of your work status (H or L). Upon your return to the U.S., these documents will verify that you are authorized to work in the U.S., if the question should arise from the U.S. inspector at the border. Make a copy of the I94 record that you will surrender when you leave the US so that you have record of it for the return trip.

If you already have your Employment authorization document you should carry it with you and you do not need to carry the other documents discussed above. You still may want to copy the I94 record for your future reference.

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written by Kalyan @ 2:22 AM,

thanks for the advice :)    

Commented by Anonymous Anonymous on 04 June, 2008 13:08

Hi Kalyan,

I have EAD but im not using it for work,,i have valid H1 but not stamped in pp. also my employer misplaced the original i797 doc..but i have a copy of it..is it sufficient or original I797 is needed for travel on AP?    

Commented by Anonymous Anonymous on 06 November, 2008 13:35

You should consult your attorney for the correct information. I'm like you who is in this green card process with EAD and travel documents. This is my opinion - Since you have EAD and AP travel documents, I believe that's all we require to travel unless you have any plans of getting a H1-B visa stamp you definitely need original I797 copy.

I suggest you visit forums at Murthy.com - http://murthy.com/mforum.html . Search the postings for your travel situation and if it is posted by user name Attorney then you can be positive that you can travel.

If I find anything I'll post it here as a comment.

-Kalyan    

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