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  • Traveling with AP

    Hi, my husband is a citizen and we got married a few months ago, applied for AOS. I arrived here on an F1 visa, then got my OPT, then did not do anything with my status until now so I guess I was out of status for a few years. I have received my EAD and advanced parole. My husband and I want to travel abroad in a month. I have heard many different urban legends about traveling with AP, but I have a friend in my exact situation who traveled with AP and came back with no problem. Others say that I will not be re-admitted. Please let me know what you all think, I'd really appreciate it. Thanks!

  • #2
    Hi, my husband is a citizen and we got married a few months ago, applied for AOS. I arrived here on an F1 visa, then got my OPT, then did not do anything with my status until now so I guess I was out of status for a few years. I have received my EAD and advanced parole. My husband and I want to travel abroad in a month. I have heard many different urban legends about traveling with AP, but I have a friend in my exact situation who traveled with AP and came back with no problem. Others say that I will not be re-admitted. Please let me know what you all think, I'd really appreciate it. Thanks!

    Comment


    • #3
      It is not recommended that one travel on AP if one has been out of status for more than 180 days. The issue of an F1 visa introduces some other variables however. F1 visa holders are normally admitted D/S so there is not predetermined end date for their status. The status does not end until a judge or immigration official makes that determination. Thus, any F1 admitted D/S will not be an overstay until that is determined. The clock starts once the judge or immigration official makes that determination. What I don't know about in this situation, however, is whether the OPT has an end of status date. In all likelihood it does because it is only granted for a year. Do you have an I-94 with a specific end date written on it?

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      • #4
        She can't reenter using OPT, so my guess if she has a I-94, it'll be based on her previous F1 visa and would have D/S written over it.

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