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Travelling to India on Advance Parole via AIR FRANCE from USA.

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Posted by jan9999 (2) 22 Oct 2014#1
Guys,

I have advanced parole, and an expired US visa. I was googling around their website and found this link: http://www.consulfrance-washington.org/spip.php...

So, I know that I dont need a transit visa while I am going to India. But do I have to apply a transit visa while coming back from India to USA.

Anyone travelled recently with their Advanced parole recently? Please share your experiences. I know there are atleast a dozen threads which are similiar to this but nobody has give any inputs wrt to coming from India to US without a transit visa and also without valid Visa stamped.
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Posted by idlebrain001 (340) 22 Oct 2014#2
to jan9999:

The link you provided clearly says - "AP is not a re-entry permit". So you do need a transit visa if you decide to return USA via CDG on Air France.
====

2- Do I need an airport transit visa ?
If you hold one of the following documents, you DO NOT NEED an airport transit visa, whatever your nationality:
- diplomatic passport,
- service passport,
- green card,
- re-entry permit (which is a specific kind of travel document ; the advance Parole is NOT a re-entry permit),
- residency permit in one of the countries of the European Union, Iceland, Liechtenstein, Norway, Switzerland, Monaco, Andorra, Holy See, San Marino, Canada, Japan or the United States of America,
- valid visa issued by the United States of America in your passport.
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Posted by jan9999 (2) 22 Oct 2014#3
to idlebrain001:

I did call the consular office and they said you dont require transit visa. But in the website has a different info. I am just trying to garner information who has recently experienced any such thing.
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Posted by krishsvc (43) 20 Mar 2015#4
to jan9999:

Hi Jan9999,
I am in the same situation as urs.

Need to travel through paris to come back to US. I have an expired visa and planning to use AP. How was ur experience ? did u go thru paris ?
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Posted by DallasCnU (3782) 22 Mar 2015#5
to krishsvc:

If u have to travel via Paris, and your visa is expired u cannot use AP to travel. Certain European countries do not allow it.
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Posted by saint0052 (122) 24 Mar 2015#6
to krishsvc:

Last year I flew to the middle east from the US through air France with expired H1 visa and no AP and I have called the French embassy before and they told me I didn't need any visa. No issues through that trip.

When I came back to the US, I had a new H1 visa so obviously doesn't apply to your case.
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Posted by ChantiKumar (156) 30 Mar 2015#7
to jan9999:

My wife traveled to India recently on Lufthansa airlines using her EAD/AP combo card. We got the transit visa at the last minute. We thougt it's better safe than to be sorry! The consular person we spoke to over the phone said my wife required the visa. The person in the counter at consulate thought she didn't need it. In reality, nobody ever checked the transit visa at Frankfurt airport. Please avoid European airlines when traveling on AP. For some reason, Europeans think high of themselves. In simple words, they are stealing money from travelers like us. You should never support this kind of a cause.

We had traveled on Emirates airline in the past using our EAD/AP combo cards. Back then, we didn't even know what a "transit visa" is.
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Posted by jimmy13 (90) 30 Mar 2015#8
to ChantiKumar:

We have EAD/AP on pending 485 application through my GC process with dates current.
My spouse has H1B and has not yet filed 485 as dates are not current.

We plan to travel out of country and I plan to use my EAD/AP for re-entering US,

1) can my spouse use EAD/AP out of my application to re-enter but continue work on existing H1B.
2) do I have to carry all paperwork for visa, incase 485 gets rejected for reasons unknown.
3) trying to avoid stamping but don't want spouse to be on EAD when H1 is still valid.

Suggestions pls
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Posted by ChantiKumar (156) 31 Mar 2015#9
to jimmy13:

If your 485 gets rejected while you are outside the country...then your EAD/AP cards won't work at POE for obvious reasons...in that case you will have to carry all paperwork required for visa stamping.

If your 485 is approved and you get your GCs while you are outside the country...just inform the POE officer about the same.

If there is still no decision on your 485 application by the time you enter the country...you can use your EAD/AP card and your spouse can use their H1 visa to enter the country.
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Posted by sudhir782 (23) 31 Mar 2015#10
to jan9999:

I have travelled to India twice in the last 4years and recently as November 2014 without a H-1B visa stamp. I only had my AP and EAD. There were no issues on my travel back here. Although, in both instances I have travelled through Dubai via Emirates. As far as I know transit visas are required if you are passing through a country and have a halt > 6hrs but < 24hrs and you wish to exit the airport. Example: If you travel from Mumbai to Los Angeles via Paris(with a halt of 12hrs) and you wish to explore Paris within the 12hrs, then you need transit visa for France. You do not need transit visas for India nor USA. You have a document deemed valid by the USA for entry (in your case the AP). If any one contradicts,firstly show them your valid, unexpired AP and let them know that this all that is required for re-entry into US. Not everyone knows everything. Afterall the India/Paris customs are also people like us. How will they know unless we travelers educate them..right? if they still insist, ask them to speak with your attorney over the phone or contact USCIS. Always carry your company HR's contact number and your attorney's contact number with you and notify them with your travel plans and dates atleast a few days prior to leaving USA. Hope this helps.

Happy and safe travel.
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Posted by harehare (16) 24 Oct 2017#11
to jan9999:

Hello:

Can you please share your experience? I am in the same situation and traveling to India via Paris.

I am using my AP and H1b is expired.

Please advise if i need a transit visa.
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Posted by TRAJ0130 (197) 24 Oct 2017#12
to harehare:

Hi I travelled via paris in 2015 and had no issues while going to India but while coming they did not let me board in Mumbai and I had to book another flight from Mumbai to NY.Had very bad experience and really a worst flight I travelled in my life.Things might have changed but it is better to have transit visa.And don't mistake reentry permit to AP. They both are different.
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Posted by harehare (16) 24 Oct 2017#13
to TRAJ0130:

I am really sorry to hear that. Thanks for sharing your experience, as there were conflicting information

Summary, if you are traveling via Air France:

US —> France —> India (No issues while traveling on AP, expired H1)
India —> France —> US (you must have a transit visa or you will end up booking a new flight)

Now the question is:

1) Assuming you have transit visa (traveling from India to US), they accept AP as a valid travel document .. right?


Worst case scenario is when airlines folks don’t understand AP and don’t allow you to board the flight (even when you haze the transit visa)
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Posted by GCAAPLI (428) 25 Oct 2017#14
to harehare:

It is better to travel via those airlines that have clearly mentioned the acceptance of AP as a valid travel document. Emirates for once, clearly fits the bill and many have traveled on Emirates.

I think Eithad is also widely used, but check about AP for that airline.

European airlines .. not sure,. I had used KLM Royal Dutch back in 2011 and they were OK except for the frozen pizza
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Posted by WishUGdLck (20) 25 Oct 2017#15
to jan9999:

I travelled to India in May 2017 by British Airways and used AP to re-enter US. I did not have any issues. I travelled again this Oct and entered US on valid VISA even though I had approved AP. If you are having valid VISA and AP you can use either. But...

AP will require you to go to secondary inspection upon entry. When you enter US using AP and if something goes wrong with the pending AOS your AP may be impacted requiring you to depart and re-enter on the valid VISA. It is always better to check with your attorney.
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Posted by SamBLR (162) 30 Jan 2018#16
to WishUGdLck:

Hey bud, need help!

My H1B is expired on 31st Dec '18 and currently its in extension process. My EAD/AP was approved recently and its valid until end of this year. I also have an approved B1 visa which is valid until 2025. I understand, one can not travel through Europe without a valid US visa stamped on your passport or without a transit visa. So my question is:

> Can I travel through Europe using B1 visa?

Thanks,
Sam
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Posted by SamBLR (162) 30 Jan 2018#17
to TRAJ0130:

hey,

who did not let you board the flight in Mumbai? Airline's agents at the check-in counter or Mumbai customs/immigration officials?

Thanks,
Sam
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Posted by 22apr2010 (28) 02 Feb 2018#18

If your 485 gets rejected while you are outside the country...then your EAD/AP cards won't work at POE for obvious reasons...in that case you will have to carry all paperwork required for visa stamping.

If your 485 is approved and you get your GCs while you are outside the country...just inform the POE officer about the same.

If there is still no decision on your 485 application by the time you enter the country...you can use your EAD/AP card and your spouse can use their H1 visa to enter the country.

to ChantiKumar:




In some cases, you can file 290B (motion to reopen) and then reuse the same AP to reenter.
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