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It is a long story why we are still not done..but just beginning our INS stuff..my question. we are retired..living in USA..6 years since we got married..he is a born here citizen..no probs once process starts as we meet and exceed all requirements...but...am I allowed to travel back and forth to Canada to see my kids and grandkids this past 6 years? We have just sent our "package" to BCIS and await their notice of receipt that they are processing it...do I stay in the USA ..until done..or am I in trouble if I have travelled or do travel back and forth every 6 months to see my family? Thanks for any advice.
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It is a long story why we are still not done..but just beginning our INS stuff..my question. we are retired..living in USA..6 years since we got married..he is a born here citizen..no probs once process starts as we meet and exceed all requirements...but...am I allowed to travel back and forth to Canada to see my kids and grandkids this past 6 years? We have just sent our "package" to BCIS and await their notice of receipt that they are processing it...do I stay in the USA ..until done..or am I in trouble if I have travelled or do travel back and forth every 6 months to see my family? Thanks for any advice. -
it does not matter that you have traveled home in the past six years at all. However, after applying for AOS, you may not travel back home without first applying for and receiving an Advance Parole. If you leave the country without it, you are abandoning your AOS application, and you will have to start all over again. Good luck!Comment
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thank you Lucy...
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Is it difficultto get an advance parole. I only found info that said it was for emergencies only?Comment
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I have not applied for one myself, but all the people I know are getting it for reasons other than emergency - just to travel back home for a while.Comment
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Advance parole is not difficult to get. In the old days it was only for emergencies but not any longer. You can put down that you have a sick relative you'd like to visit, you want to go on a honeymoon, you want to visit family, etc. Depending upon the nature of your letter you will be issued a single entry parole (if you say you are going to a wedding on such and such a date) or you can be issued a multi-entry parole (if you say you want to visit family some time in the fall and go on a vacation some time next spring without giving specific dates). You can also specifically request an advance parole that is good for multiple entries and is good for a year.Comment
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Thank-you everyone for your support. I will look into the advance parole paperwork. I guess I could get that from the BCIS site?Comment
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Get Form I-131 at: www.uscis.gov. Mail it to the District office adjudicating your adjustment, not the Service Center. Include $110 and a copy of your I-485 filing receipt.Comment
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If you overstayed your Visa Vaiwer while in US...you have to think twice to go out of US before your PR approve. This is because if you overstayed more than 360 days and returning to US, the POE have the right to decide whether you can get in back to US or not. If you're unlucky, you will be barred for 10 years. Remember that Advance Parole is not a guarantee for you to get in back to US. The decision is up to the POE officer...specially when you overstayed your visa.
By the way, what is your status before you adjusting? Are you under visa waiver? Or others.
By the way, I'm not a lawyer, please act accordingly.Comment
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Me2 is correct. I shouldn't have assumed you were in legal status. To get advance parole, you must not have had unlawful status at the time you applied for adjustment.Comment
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