Advance Parole

[Goofy]

Hi, Does anyone know if advance parole is required if I did not apply for adjustment of status but have an approved I-130?
I am currently on a F-1 student visa. Can I leave and enter with the visa or do I need an advance parole?

Thank you!

G.

[PraetorianXI]

AP is only for people under going AOS.

You can use your F-1 visa to travel.

[Goofy]

Thanks for you reply!

Just one clarification - I have been advised that the fact that I have an approved I-130 can prevent my entrance to the US with the visa.
Is it indeed possible that I will be refused to enter?
I really don't want to be in tis situation.


Thanks!

[PraetorianXI]

Is your priority date current on that I-130 or is it close to become current? if so, I would advise you not to leave the USA.

If it is not close to becoming current, then it will be fine, just make sure you carry documentation about your visa, i-20, current classes and such.

[Goofy]

Thank you for the fast reply!

What do you mean by current?

It's an I-130 that was filed by my wife (a US citizen) before we came to the US (May 07). After the I-130 was approved I got the visa (June 07).
I entered the US with the visa I got and I didn't do anything else since then, because I'm not sure that I will eventually ask for adjustment of status (I'm OK with the student visa).

[PraetorianXI]

You are in dangerous waters... you need to file for AOS immediately, you can not expect them to let you back in using a non immigrant visa (F1 student) even if you do not intend to immigrate. Because you are married to an US Citizen your "priority date" is current already.

File for AOS, or you may have to stay at your home country and wait for Consular Processing to get your Green Card away from your wife for at least 8 months.

File I-485, I-765 and I-131 (travel document).

[Goofy]

Thanks so much for your reply! I appreciate it.

Although this will probably require me to cancel my ticket it's good to know in advance...

Do you know if there is any chance to get an advance parole faster? (I planned to travel in 5 weeks).

[PraetorianXI]

Once you file the paperwork, for AOS (I-485, I-130 Receipt, I-765 and I-131, plus all of the evidence and supporting documents and forms) it would take about 60-90 days to get the Advance Parole document.

Some people have received it within 1 month though, so if you show evidence of the urgency of traveling, plus the plane tickets, etc. You may get it before the trip, but I doubt it.

You need to apply for AOS, you are at risk of not being allowed back in on that F1 visa.

[Goofy]

Thank you again for you help and detailed replies!!