Ivan b
Jul 29, 2023
Travel after the denial of I-130 / Advance parole
Hi Everyone,
I had a marriage and filed I-130 & I-485 together, I got work authorization and travel card valid by October 2023. Then things didn’t go well with my spouse, I filed VAWA. when I receive my appointment letter for I485 I rescheduled my I-485 appointment since I filed VAWA. I traveled my country and came back without any issue, used advance parole.
Recently, USCIS sent me a letter for the denial of I-130 but I haven’t received any denial for I-485 and I-360 is also pending, so far I receive only one prima facae.
So my question is, can I still use my travel card ? Has anyone travelled after I-130 denial? if I receive a denial letter when I’m out of US, can I come back?
I haven’t applied new travel card yet. Even though I apply it won’t arrive by September. I have to travel within the September for 3 weeks.
The other question I have, on my arrival with advance parole card, officer stamped my passport as LPR. even though I’m not LPR yet. Anyone has similar experience?
please let me know. thanks.
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Jesus is LordJul 29, 2023
@Ivan b Since you filed for Vawa your Advance parole would have been reinstated. if it has been reinstated then you can travel with no issues.
Ivan bJul 29, 2023
but as far as I know travel card and work authorization is based on I 485 and that’s still shown as interview rescheduled @Jesus is Lord
Ivan bJul 29, 2023
what’s reinstated means ? @Jesus is Lord thanks
Jesus is LordJul 30, 2023
Since you have a pending I-360 I think you should be fine with your advance parole.
Miroslava KurtovaJul 30, 2023
I’m in the same situation and want to travel next month
Ivan bJul 30, 2023
@Miroslava Kurtova Please let me know if you travel and come back safely
rui CostaJul 30, 2023
don’t wait for them to deny your I-485. write to your field office and attach your vawa receipt and ask them to keep your l-485 in abeyance
Ivan bJul 30, 2023
I went in person with my lawyer, when they sent me the appointment letter. My lawyer said we filed wava and we want to keep the file that’s why the manager of the field noted as wava filed, since then nothing has happened. @rui Costa
rui CostaJul 30, 2023
@Ivan b as long as you have a pending vawa case; you are good to travel with your AP
Ivan bJul 30, 2023
Thank you so much rui and everyone,
on my last arrival since officer stamped my passport as LPR by mistake I guess, I still don’t know why, I think they will ask me for the second check for sure, I was thinking if they go deep and say oh we can’t take you back due to your I-130 has a denial etc. would it be a problem… but if you guys are saying for sure I’m gonna get my plane ticket now hahahah @rui Costa
rui CostaJul 30, 2023
@Ivan b your correct stamp should have been paroled; but that’s not your fault. There will be no question on your denied I-130, what’s relevant for you is a pending I-360. I just came back from oversea trip, I have a denied I-130 but pending I-1360.
Ivan bJul 30, 2023
@rui Costa just to make sure, you filed I130 and I485 and got advance parole. you filed wava and you got the denial for I-130 and you travel with the advance parole based on your marriage?
rui CostaJul 30, 2023
@Ivan b when I switched to vawa my l-130 was denied but my l-485 was kept in abeyance. So I travelled with the advance parole based on vawa and not marriage
Miroslava KurtovaJul 30, 2023
@rui Costa do you know what officer checks at the airport? Like what number? Your A-number or receipt number??
rui CostaJul 30, 2023
@Miroslava Kurtova l don’t know but I believed with your A- number they will know everything about you
Ivan bJul 30, 2023
@rui Costa that’s the question mark. my advance parole is based on my marriage not wava
rui CostaJul 30, 2023
@Ivan b it doesn’t matter how you get your AP, long as you have an active case with uscis, the document is legit and you are good to use it. but double check with your lawyer
