Advance Parole

If someone has the EAD and in the process of AOS, what happens if they leave USA without a Advance Parole and trys to re-enter USA. What will happen:

1. Cannot enter USA
2. Enter USA with Special Registration.

Thanks.

It depends. If you have a valid dual-intent visa (such as H1-B), then nothing will happen. If not, leaving the US without AP while having a pending AOS will be translated as intent to abandon permanent residency, and INS will automatically cancel your I-485 application.

Note : if you overstayed your visa before filing for AOS and try to re-enter you will be barred and banned from entering again for 3/10 years depending on the length of the overstay.



I am not a lawyer nor do I pretend to be one. So please double-check any information given by me or anyone else for that matter with a certified (immigration)lawyer before you take any further action.

If you leave without an AP you will be abandoning your petition.......and subject to the bars like xandtrick said depending on the length of your stay.

OF you leave on advance parole and denied Entrance for any reason, your application will be treated as abandoned.
If you are allowed to enter then, your application is still valid.

Thanks you all for the responds.

Those that enter on Advance Parole are NOT required to Special-Register.