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  • lost advanced parole outside US.

    Hi,

    someone i know lost their advanced porole outside of the US. does anyone know what can be done in this situation?

    details: the renewed advanced parole that was mailed never reached the person outside the US. so the postal people have been sent a claim notice.

    Thanks,
    prashant.
    GC: 5/1/06
    Citizen: 05/26/11
    Applied for 130 for both parents: 12/14/11 Initial review
    05/02/12,05/30 - I-130 approved.
    06/11-NVC case generated for one parent, waiting for other.
    07/03- AOS fee paid for one parent

  • #2
    from yr post it seems yr friend was out of the US even before the AP was approved, in that case, I think he/she already has a huge problem.
    RD Mar2002
    ND Apr2002
    FP1 Jun2002
    FP2 Dec2003
    AD Dieu sait seulement

    Comment


    • #3
      nope. there was an exisiting AP which was extended after the expiry of the AP from the date that it was expiring. so the AP has been in continuous state, except he was not in the country when the extension was approved. but it was approved even when the previous AP was valid.

      now, he has a valid new second AP except the papers are lost.
      GC: 5/1/06
      Citizen: 05/26/11
      Applied for 130 for both parents: 12/14/11 Initial review
      05/02/12,05/30 - I-130 approved.
      06/11-NVC case generated for one parent, waiting for other.
      07/03- AOS fee paid for one parent

      Comment


      • #4
        robocop104 -

        Since my response is based on what I saw somewhere in AP thread, you may have to do a little research. However, I recall reading somewhere that this person can go to the U.S. Embassy and request for a letter that would help him/her readmitted to the U.S.

        Good luck and I will also do what I can to see if I can dig up the thread that mentions this.

        Japanese
        LIN03075*****
        EB3/Japan/Regular Labor Certification
        Priority Date: July 31, 2000
        I-140 AD: Oct. 7, 2002
        I-485 RD: Jan. 03, 2003
        I-485 ND: Jan. 06, 2003
        1st FP Date: Feb 07, 2003
        2nd FP Date: Oct 05, 2004
        I-485 RFE sent by NSC: Dec. 15, 2004
        I-485 RFE received by NSC: Jan. 31, 2005
        I-485 Approved by NSC on: Feb. 07, 2005
        PP Stamped in Chicago on: Feb. 24, 2005
        Card Received in the Mail on May 28, 2005

        Comment


        • #5
          i read the old threads, all of which suggest that the only way is to apply for new advanced parole. but the problem is that he is already outside already. so what now. any suggestions. the embassy is the first try, i guess. but otherwise will have to somehow try to get the new application sent!


          http://boards.immigration.com/showth...ed+parole+lost
          http://boards.immigration.com/showth...ed+parole+lost
          http://boards.immigration.com/showth...ed+parole+lost
          GC: 5/1/06
          Citizen: 05/26/11
          Applied for 130 for both parents: 12/14/11 Initial review
          05/02/12,05/30 - I-130 approved.
          06/11-NVC case generated for one parent, waiting for other.
          07/03- AOS fee paid for one parent

          Comment


          • #6
            IT doesn't matter if it is a first time AP or a renewal AP, if a person apply for an AP (first time or renewal) and leaveas US before it's approval, then USCIS can consider that person as abondening his/her 485 and USCIS can use that as a reason to deny the person's 485.

            So your friend was out of US when the AP was approved, regardless of where it was a renewal, USCIS has the right to deny his entry into US and also to deny his 485.

            Ask your friend to better talk to a really good lawyer.
            Permanent Resident since 11/18/2004, Chicago DO
            ---------------------------------------------------
            N400 Priority Date: 08/31/09
            FP Date: 09/26/09
            IL Received: 11/04/09
            Interview Date: 12/09/09
            Oath Date: 01/14/10

            PP Applied (expedite): 01/14/10
            PP Received: 01/23/10

            Comment


            • #7
              It is stated very clearly on the CIS web site:

              "Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment."

              http://uscis.gov/graphics/services/E...x.htm#Advanced

              The US Embassy is under the Department of State. CIS is under the DHS.
              I don't think the Embassy will issue an AP, because it is not their job to issue an AP and they don't have the supporting documents (I-485 paperwork) in front of them.
              Last edited by GC012002; 19th February 2004, 05:59 PM.

              Comment


              • #8
                There is a form that you can file to get a copy of the approval notice of any immigration petition. I don't remember exactly the form number...

                Comment


                • #9
                  A Question for GC012002

                  If he/she did not lost the renewed AP, what will happen?

                  Originally posted by GC012002
                  It is stated very clearly on the CIS web site:

                  "Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment."

                  http://uscis.gov/graphics/services/E...x.htm#Advanced

                  The US Embassy is under the Department of State. CIS is under the DHS.
                  I don't think the Embassy will issue an AP, because it is not their job to issue an AP and they don't have the supporting documents (I-485 paperwork) in front of them.

                  Comment


                  • #10
                    If he/she did not lost the renewed AP, what will happen?

                    ----- The AP was approved while he/she was out of US and can be denied entry to US, if AP was approved when he/she was IN US then no problem entering with valid AP before expiry date
                    Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

                    Comment


                    • #11
                      robocop104

                      I read the old threads, all of which suggest that the only way is to apply for new advanced parole. But the problem is that he is already outside already. So what now. any suggestions. the embassy is the first try, I guess. But otherwise will have to somehow try to get the new application sent!

                      ----- If you go to embassy they have nothing to do with AP they will NOT issue AP, it seems to me it will be very difficult for you to enter US and I-485 will be abandoned. One cannot apply AP from out of US.
                      If the person has AP filing receipts then better go to good knowledgeable attorney and don’t depend on the posts in this thread
                      I know a similar case of poster “Murcury6” he went to Canada and his AP expired while he was out and was never allowed back in US he contacted many lawyers but no solution ( you can check Canada immigration thread this happened more than 1 year back)
                      Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

                      Comment


                      • #12
                        Get Transportation letter from embassy.

                        I lost my approved AP while I was in india. However I had a copy of the approved AP.
                        I went to the embassy in Delhi and requested a Transportaion Letter.
                        TL is valid for 2 weeks with a single entry.



                        Go to Embassy and try your luck.

                        Comment


                        • #13
                          Hi Ginu and other experts,

                          I am having a bit similar problems with my Wife's AP. I have already mentioned in this forum about our dilema.
                          She went to India with her first AP and due to some reasons, she could not come back to US before the expiry of that AP.
                          I applied for her new AP in Nov'03, which I have still not received.

                          Now, problem is that as per rule, she cannot use her new AP as she was not here and she is still not here when I applied for her AP.

                          I tried to get her back on H4 visa but there also, strange thing happened. US consulate in Mumbai asked her whether she was here in US in 1998 whereas we both came to US for the first time in 2001. After she said NO, they did her finger printing there in Mumbai and asked her to wait for their decision for about a month.

                          We are in a big situation here. I really don't understand, how to call her back. Our I-485 is pending for approval. Even, my passport also does not have H1 stamped. I sent my I-797 original for her H4 but that is also in a waiting status.

                          Please help me out gurus.

                          Thanks in Adv.
                          Sam

                          Comment


                          • #14
                            this thread is for lost AP

                            This thread is about lost AP. Please post your reply appropriately.

                            Comment


                            • #15
                              may be not

                              You will not be able to get the Transportation letter the same day in delhi.
                              They have to check your status with Department of homeland security before they issue a Transportation letter.
                              It takes at 3 days.

                              Comment


                              • #16
                                no you cannot

                                You need to have approved AP before you leave US.

                                With your First AP you come back to the US before it expires and then go to India again with secound AP.

                                Comment


                                • #17
                                  if I go to India with first approved AP and then when my Second AP is apporved my friend can mail it to me to India...so that I can come to USA on second approved AP right??...What's the problem??

                                  Comment


                                  • #18
                                    Originally posted by ginnu
                                    If he/she did not lost the renewed AP, what will happen?

                                    ----- The AP was approved while he/she was out of US and can be denied entry to US, if AP was approved when he/she was IN US then no problem entering with valid AP before expiry date

                                    "Aliens applying for advance parole on the basis of a pending application for adjustment of status
                                    // must be approved for advance parole prior to leaving the United States //
                                    in order to avoid the termination of their pending application for adjustment."

                                    Can we argue if one left US with approved AP1 ( must be approved for advance parole prior to leaving the United States )
                                    And come back with AP2 (with approved AP)

                                    Seems to me the original defintion does not say applicant must be in US to be able to get valid AP, What if applicant travel with H1 and back with AP (approved after left US)?

                                    Comment


                                    • #19
                                      why do you make assumptions

                                      lostlife - Why do you make assumptions, on something that did not happen. You are asking some meaningless questions.

                                      Research the portal for more information, and put your questions after you are done with your research.

                                      There are already posts which answer your questions.

                                      Please do not post unnecessary questions. Do your research first.

                                      Comment


                                      • #20
                                        Re: why do you make assumptions

                                        Originally posted by gc_luckyguy
                                        lostlife - Why do you make assumptions, on something that did not happen. You are asking some meaningless questions.

                                        Research the portal for more information, and put your questions after you are done with your research.

                                        There are already posts which answer your questions.

                                        Please do not post unnecessary questions. Do your research first.
                                        Be patient with new comer. Different people asks same question all the time. Member like ginnu has answered questiones and given help for long time. I guess most of questions will be same or similar. He/she is still providing help.

                                        Comment

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