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Can you travel on Advance Parole? if your AOS interview didnt go well, and decision still pending.

Ellicott City, MD |

I am on H1B, got extended till 2016(visa on passport expired), my wife USC petitioned I-130 for me and AOS is in process. I have travel plans next year, also expecting my AOS interview around same time, my question is when we go for interview if officer is not able to make decision immediately and it takes about 3-4 weeks for them give decision can I travel during that time on advance parole? what happens if I get approved or denied while I am outside the country. Or you would suggest rescheduling the interview, take care of the travel and then interview one thing at a time. Really appreciate everyone's input. Thanks

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Attorney answers 5


Yes, at your peril.

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You may certainly do so at your own peril, and risk not being admitted upon your return.

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While I agree with my colleagues, it seems that you are making some long term assumptions as to the specific date of when your interview will take place.


I always advise my clients not to travel unless absolutely necessary. When dealing with government bureaucracy it is best not to complicate matters.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.


If you travel on the AP and your case is denied, you will be stuck outside the US with no way to re-enter.

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