I94 Date Parole admission Date given is shorter than the validity of Advance Parole

[pcarsap1010]

Hello

I am waiting for my I485 Adjustment of Status. Recently traveled outside of US using EAD/Advance Parole. At port of Entry the Officer Gave the Parole admission and admission date in I94 until Aug 2020, Where My EAD / Advance Parole Date Validity is May 2021.

1. With that Staying in US and working beyond Paroled admission date (30 Aug 2020), will make me to go unlawful status?

2. Should I need to travel outside and return to US to legally maintain the status after Aug 2020?

Please advice.

Regards
Pradeep

[pcarsap1010]

Hello,

Have anyone faced the similar issue, request some insights on the above topic. Thank you.

Regards
Pradeep

[newacct]

It is standard to be paroled for 1 year on an AOS-based AP. How long you are paroled for doesn't actually matter at all for an AOS applicant. (It makes no difference between if you are paroled for 1 day or 10 years.) As an AOS applicant, you are allowed to stay in the US for as long as I-485 is pending regardless of whether you are in status, and you are allowed to work as long as you have an EAD. Whether you are still in the 1 year of parolee status or not doesn't matter. You do not need to travel outside the US.

[Mike E]

Just checked my wife’s I-94.

she has just the I-94 issued in January 2019, which expired in April 2019. After traveling out of the USA and arriving again a few days ago, she still has her original I-94 even though the website shows her departure and re-entry from/to the USA.

Makes sense to me. Her I-94 was for her K-1 visa and that authorized stay expired. She technically has not be re-admitted to the USA. She has been paroled because she no longer has a visa and doesn’t have a green card.

As others have said, the pending AOS is what allows you to stay in the country. If the AOS is denied before the EAD / AP expires you have to leave the country. The expiration date on an EAD or AP is just that: the last day you may work or the last day you may enter the USA. It has absolutely nothing to do with your authorization to be in the USA.

This is similar to when a green card expires. It has nothing to do with your authorized stay.

[pcarsap1010]

Thank you Both "newacct" and to "Mike E". The explanation given above clarified my concerns.

[pcarsap1010]

It is standard to be paroled for 1 year on an AOS-based AP. How long you are paroled for doesn't actually matter at all for an AOS applicant. (It makes no difference between if you are paroled for 1 day or 10 years.) As an AOS applicant, you are allowed to stay in the US for as long as I-485 is pending regardless of whether you are in status, and you are allowed to work as long as you have an EAD. Whether you are still in the 1 year of parolee status or not doesn't matter. You do not need to travel outside the US.

Thank You for your inputs

[pcarsap1010]

Just checked my wife’s I-94.

she has just the I-94 issued in January 2019, which expired in April 2019. After traveling out of the USA and arriving again a few days ago, she still has her original I-94 even though the website shows her departure and re-entry from/to the USA.

Makes sense to me. Her I-94 was for her K-1 visa and that authorized stay expired. She technically has not be re-admitted to the USA. She has been paroled because she no longer has a visa and doesn’t have a green card.

As others have said, the pending AOS is what allows you to stay in the country. If the AOS is denied before the EAD / AP expires you have to leave the country. The expiration date on an EAD or AP is just that: the last day you may work or the last day you may enter the USA. It has absolutely nothing to do with your authorization to be in the USA.

This is similar to when a green card expires. It has nothing to do with your authorized stay.

Thank you Mike for your inputs

[regius]

Hi, I’m new here. I have my EAD/AP combo card, valid until Aug 2020. My question is “do I need to notify my lawyer/anybody before I travel out of the US? Or the AP part of the card automatically allows me to travel?” I ask because I’ve heard saying that even with this card, you can’t just buy a ticket & go, still have to first “apply and obtain permission”. Thanks

[Mike E]

Hi, I’m new here. I have my EAD/AP combo card, valid until Aug 2020. My question is “do I need to notify my lawyer/anybody before I travel out of the US? Or the AP part of the card automatically allows me to travel?” I ask because I’ve heard saying that even with this card, you can’t just buy a ticket & go, still have to first “apply and obtain permission”. Thanks

generally can just buy a ticket and go. I bought my wife a ticket the day her AP arrived and she just went. See the experience section of this web site for AP experiences.

Unless you are from a banned country, you don’t need to tell your lawyer anything until the AOS interview or the AP renewal.

if you are from a banned country, I suspect your lawyer will advise you to stay home and clear of any domestic flight that could be diverted to another country.