Lola K
Jun 4, 2021
Advance Parole - Should I travel or not? (marriage based)
Good morning guys, I am super happy now that my Advance Parole is approved. However, I am not sure I will be able to travel. I am going to ask again - I know that I will need to speak to a lawyer also, but has anyone of you traveled in advance parole but have some history of unlawful presence? I enter the country legally (F-1 visa). Got married while I was on my OPT. Filed all forms but I-485 was denied because we forgot a form and I-765 & I-131 was also terminated because of that denial. (Under trump adm they denied instead of RFE) My F-1 visa/OPT expired before the denial of I-485. We didn’t file again right away, so I have been unlawfully present for like a year.. (my I-130 was still pending during this time). My second I-485 is pending and my I-765 and I-131 is now approved. Is this a risk at port of entry? Although, I am married? Don’t they waive that? We didn’t use lawyers until now so I didn’t even know I couldn’t stay.. nor did my husband. appreciate all of you guys 🙏🏼
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A JohnJun 4, 2021
I think the traveling could be risk for you since you have denial history. if it is emergency, please let your attorney know, and take all documents with you.
vikky olaJun 4, 2021
my lawyer advised me not to travel,she said it at risk most especially when your case is complex....but if you must do so make sure you go with your husband/wife.
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A JohnJun 4, 2021
if it is not emergency, don’t travel. traveling could also affect the decision on your case. especially if you have interview.
Lola KJun 4, 2021
Well, the reason for denial is the form I-864, my husband didn’t send that one and I trusted him. But this time everything is order. Well, I expedited for humanitarian reasons and they asked for evidence and it got approved but yeah.. I guess I should wait 😭. Maybe next year or something I will have my interview. 😭😭
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kings wifeyJun 4, 2021
@liz ask your lawyer. they are the same ones who give the travel document so I see no reason why they will refuse entry. it should be a short stay about a month I’m told. once mine comes I’m definitely going home🥺
Lola KJun 4, 2021
yeah.. I feel like why approve me and then not work. I also feel like it would have been worse if I came illegally or not inspected. I am only looking to travel for 2 weeks..
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A JohnJun 4, 2021
@liz Even you successfully got that document, there is clear reminder on that document that you amy not allowed to get into the US at the port. It is totally depends on Port inspection.
Lola KJun 4, 2021
this sucks... just want to go home :(
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mo moJun 4, 2021
yes sure I know people who Travel with it to Africa they never got issues at entry my friend got asked why he went to Africa that is all but it depends on the officer at the entry though
Bahamas bornJun 4, 2021
I’ve travel twice already out the country on my advance parole marriage base
Lola KJun 4, 2021
@bahamas born - but do you have a history of being unlawfully present though? I kinda of was when my first I-485 was denied until I filed again.
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Tiffani GJun 5, 2021
hey I am on the same boat girl. I entered the country with a F1 visa as well I am still studying. I had my interview 3 days ago I was going to get approved on the spot but there was an issue. I traveled back to my home country while my i485, i130, i131 and i765 were still pending. A family member passed away that’s why I had to go. I didn’t use a lawyer either I had a paralegal to do my paperwork. So I made sure if I could travel first I called the paralegal and he told me to call immigration office at the airport. I talked to an officer and explained my situation and I asked if I could travel even thought I am still in process and I have a valid visa. The dude told me yes that I could travel with my student visa and that I won’t have problems coming back to the US.
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Tiffani GJun 5, 2021
Part 2. So I did. I traveled for my family member’s funeral stayed for 6 days only (I was at the end of the semester before finals). But coming back I did had some issues with TSA. I missed my flight twice and they were trying to figure it out with which status I came from. I guess they saw I’m with a pending green card. They asked me if I was married and what school I am attending my major and the lenght of the program and then they let me go. They didn’t stamped my passport of the entry but I have it on my I-94 that I entry as an F1 and the recent date of entry. Back to the story of my interview. The officer I had told me that because I traveled while a pending green card he told me that I basically abandoned my application. He told me that there’s a law about that and I might have to restart the whole process again. I explained my situation and that I had the wrong information and I presented the death certificate of my family member. So he told me that my I-130 may or may not get approved but my I-485 will get denied. He told me that I would not get penalized it may not affect me on my new green card application. My I-130 got approved the next day from the interview. I am still waiting for my i485 I think they still taking a decision or probably they are most likely deny me. If I were you don’t travel. Even if you get a travel parole because now this is on your record and it could affect you when you want to come back. Also you are not on active status so it is better you travel once you get your greencard :)
Lola KJun 5, 2021
oh wow, that’s awful. yeah I actually recently read that if you have all those cases pending you shouldn’t travel on your other wise either.. But if you would have had your AP approved you wouldn’t face these problems at all. But it sucks that they told you that you would be fine and then you’re not.. like wtf. I am just thinking that why would they grant me AP and I still would have problems, I also feel like they waive people that are married (unless you abandon the application). but this is so frustrating! I can’t find a single story where a spouse to a U..S. citizen has been denied port of entry when the spouse has been granted advance parole prior leaving u.s. however, I hope that they correct this for you. ❤️
Bahamas bornJun 6, 2021
even if you had stay unlawfully it doesn’t matter as long as you hold an approved combo card EAD advance parole you can travel! so ! to the lady above that’s just plain stupid why would you travel without a travel document! your advice to not travel is not valid! Bc you never hold an AP! sir if you legally obtained that advance parole you can travel in and out the country I’ve had no issues not even one question from cbp all they do is stamp my passport with the AP stamp and that’s it!
Bahamas bornJun 6, 2021
so by law your not abandoning your status because you have permission to enter in and out!

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