关于‘EAD/AP可寄回国吗’讨论# EB23 - 劳工卡
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研究了一下不同说法，理解如下，供参考：
1.要同一个AP出，在同一个AP过期前回来。
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired
advance parole, (ii) applies
for a new advance parole while he/she is present in the U.S., and (iii) then
departs the U.S., the
foreign national must return to the U.S. during the validity period of the
current advance parole
already in his or her possession. If the foreign national returns timely,
abandonment of the
pending advance parole application would not occur. However, the foreign
national may not
remain abroad after the initial advance parole expires and then seek to re-
enter at a later time
using the subsequent advance parole that was pending adjudication at the
time the person
departed the U.S.
(b) Yes, we confirm that that abandonment of a pending advance parole
application does not occur
if the foreign national is otherwise authorized to depart and return because
the foreign national has
an 1-485 pending and is readmitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-1,
V-2, or V-3.
---------------------------------------
2.出境前必须在美国file AP
证据一：USCIS Response: Advance parole granted to those outside the U.S. is
an extraordinary measure used sparingly to bring an otherwise inadmissible
alien to the U.S. for a temporary period due to a compelling emergency or
significant public benefit. It is not to be used to circumvent the normal
visa issuance process.
**Advance parole that is sought to preserve the pendency of an I-485
application must be applied for and granted before the alien’s departure
from the U.S.**
If the above non-immigrants filed adjustment applications prior to departing
the U.S., they need not also have filed for advance parole where they have
a valid NIV that may be presented at a port of entry. This of course assumes
these same individuals have maintained their status (8 CFR 245.2(a)(4)(ii)(
C) and(D)). If, however, they have failed to maintain their non-immigrant
status, advance parole must have been granted prior to their departure from
the U.S. or their adjustment application shall be deemed abandoned. If an H
or L non-immigrant with a pending adjustment application appears at a port
of entry and presents both an I-512 and his/her valid NIV, CBP should advise
the alien that he or she must choose whether to use the H or L visa or the
advance parole document.
证据二：(a) If a foreign national (i) already possesses a valid, unexpired
advance parole, (ii) applies
for a new advance parole while he/she is present in the U.S., and (iii) then
departs the U.S.
---------------------------------------
3. 离开美国前，看看自己是身份，如果离开美国前是Non-immigration status,回来可
以用AP，也可以继续用NIV；如果出美国前，是AOS，身份就是Out of status,不是non-
immigration stauts，回来只能用AP了，AP要是出去时候的同一个有效AP，再签证的话
，理论上讲是485 abandoned了。
If the above non-immigrants filed adjustment applications prior to departing
the U.S., they need not also have filed for advance parole where they have
a valid NIV that may be presented at a port of entry. This of course assumes
these same individuals have maintained their status (8 CFR245.2(a)(4)(ii)(C
) and(D)). If, however, they have failed to maintain their non-immigrant
status, advance parole must have been granted prior to their departure from
the U.S. or their adjustment
application shall be deemed abandoned.
1.要同一个AP出，在同一个AP过期前回来。
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired
advance parole, (ii) applies
for a new advance parole while he/she is present in the U.S., and (iii) then
departs the U.S., the
foreign national must return to the U.S. during the validity period of the
current advance parole
already in his or her possession. If the foreign national returns timely,
abandonment of the
pending advance parole application would not occur. However, the foreign
national may not
remain abroad after the initial advance parole expires and then seek to re-
enter at a later time
using the subsequent advance parole that was pending adjudication at the
time the person
departed the U.S.
(b) Yes, we confirm that that abandonment of a pending advance parole
application does not occur
if the foreign national is otherwise authorized to depart and return because
the foreign national has
an 1-485 pending and is readmitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-1,
V-2, or V-3.
---------------------------------------
2.出境前必须在美国file AP
证据一：USCIS Response: Advance parole granted to those outside the U.S. is
an extraordinary measure used sparingly to bring an otherwise inadmissible
alien to the U.S. for a temporary period due to a compelling emergency or
significant public benefit. It is not to be used to circumvent the normal
visa issuance process.
**Advance parole that is sought to preserve the pendency of an I-485
application must be applied for and granted before the alien’s departure
from the U.S.**
If the above non-immigrants filed adjustment applications prior to departing
the U.S., they need not also have filed for advance parole where they have
a valid NIV that may be presented at a port of entry. This of course assumes
these same individuals have maintained their status (8 CFR 245.2(a)(4)(ii)(
C) and(D)). If, however, they have failed to maintain their non-immigrant
status, advance parole must have been granted prior to their departure from
the U.S. or their adjustment application shall be deemed abandoned. If an H
or L non-immigrant with a pending adjustment application appears at a port
of entry and presents both an I-512 and his/her valid NIV, CBP should advise
the alien that he or she must choose whether to use the H or L visa or the
advance parole document.
证据二：(a) If a foreign national (i) already possesses a valid, unexpired
advance parole, (ii) applies
for a new advance parole while he/she is present in the U.S., and (iii) then
departs the U.S.
---------------------------------------
3. 离开美国前，看看自己是身份，如果离开美国前是Non-immigration status,回来可
以用AP，也可以继续用NIV；如果出美国前，是AOS，身份就是Out of status,不是non-
immigration stauts，回来只能用AP了，AP要是出去时候的同一个有效AP，再签证的话
，理论上讲是485 abandoned了。
If the above non-immigrants filed adjustment applications prior to departing
the U.S., they need not also have filed for advance parole where they have
a valid NIV that may be presented at a port of entry. This of course assumes
these same individuals have maintained their status (8 CFR245.2(a)(4)(ii)(C
) and(D)). If, however, they have failed to maintain their non-immigrant
status, advance parole must have been granted prior to their departure from
the U.S. or their adjustment
application shall be deemed abandoned.