lost advanced parole outside US.

[robocop104]

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.

[hedgehog]

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.

[robocop104]

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.

[Japanese]

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

[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!


http://boards.immigration.com/showth...ed+parole+lost
http://boards.immigration.com/showth...ed+parole+lost
http://boards.immigration.com/showth...ed+parole+lost

[guju]

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.

[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.

[jaceka]

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...

[lisansw]

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.

[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

[ginnu]

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)

[gc_luckyguy]

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.

[sshah1001]

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.

[gc_luckyguy]

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

[gc_luckyguy]

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.

[gc_luckyguy]

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.

[lostlife]

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??

[lisansw]

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)?

[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.

[lisansw]

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.

[prospeed]

My wife's AP is lost in mail from CIS. She is still here but has the H4 stamping on the passport, stamped visa expires on July 20, 2004. Can she go out and come in using H4 ?. She has not worked yet using the EAD.

thanks

[ginnu]

My wife's AP is lost in mail from CIS. She is still here but has the H4 stamping on the passport, stamped visa expires on July 20, 2004. Can she go out and come in using H4 ?. She has not worked yet using the EAD.

----- She can go out of US if she has still valid H4 Visa stamp and MUST be back to US with H4 Visa stamp before July 15 or 16,2004(by law she can also enter on July 19 or 20). Remember her H4 is linked to your H1 and you should be maintaining H1 status when she comes back to US in July end and you should not use EAD, if YOU use EAD you will not be on H1 status and her H4 will not be valid.

** Contact your lawyer or USCIS and inform that your wife did not receive AP after approval. if lawyer filed AP then AP goes to lawyer check with his office. Go to BCIS online and take the print out that says AP for your wife was approved on XYZ date and sent. Did you change address after I-485 filing or AP filing???????

[prospeed]

Yes - we did change the address - which was 18 monhs ago - while the AP was applied 6 months ago. The application (i-131) had the new address on it - as well as I have informed the CIS for new address by mail (for 485), and AR-11 was filed with DOJ immediately after we moved.

we both have the 2nd EAD, but my wife has not started working, and I am working w/ the same company using H1 still.

Along with this the recent (March 25, 2004) press release from CIS says that AOS people has to have the AP before traveling overseas.

I am very confused, if we can travel in the H also now ?.

thanks for any help.

[ravioli_21_99]

I just wanted to add something to this thread that others might find useful. My family and I travelled back to Canada as my father passed away in July. In all of the commotion that was going on up there, my wife misplaced her AP documents. We contacted the USCIS and were told that the only way for my wife to get back in was to get a replacement (read "new") AP. We could send an expedite letter to Evelyn Upchurch, but it could take weeks or months.

We called the border crossing that we entered Canada/US at. (Buffalo/Fort Erie Peace Bridge). We had a copy of her AP. She also has stamps in her passport from using the AP earlier in the trip (like the week prior) to cross into the US. Plus myself and the kids all had our valid AP documents. But still, everybody refused to use their brain, as anyone could see that she did legitimately have an AP. (Plus they have computers, don't they... ;-) )

Needless to say, we were quite distraught. Somebody suggested that we call an airport border crossing just to give it one more try. We contacted the USCIS at Toronto Airport and the officer told my wife that with all of the documents mentioned above, she'd have about a 90% chance of getting through. We booked my wife a plane ticket and she went to the airport.

When she got there, she went to secondary inspection. She broke down crying and the officer was very comforting to her. He promised her that they were going to get her back home (to the US) and that they (meaning the USCIS) are not all monsters. In the end, she paid $65 and got a humanitarian parole which allowed her to reenter the US.

I hope this information will prove useful to someone. I know that when I searched, the only answer seemed to be, reapply and wait....Even the USCIS doesn't seem to know, or are unwilling to use, all of the options available.

Regards

Rav

[latin26]

Hello there:
We had a similar case. We lost the advance parole and we went to the embassy in Colombia for a "transportation letter" because "the AIRLINE" didn't let us board the plane!!! The embassy charged us ( $300 each) and took 3 days to process the letters.
When we arrived in Miami we were hold for 7 hours. They didn't ask us many questions or anything. They just let us waiting...Then they gave us an appointment at the immigration office a month later. They requested that we apply for other travel document ( $165 each) even though we didn't plan to travel....
NEVER travel without travel document, don't lost it. Don't don't accept copies and don't try to enter the country without it even if you don't need visa ( my husband is Canadian)

[lolo0007]

I would like to share my experience as well. I have just returned to the U.S. after losing my AP while overseas.

I lost my advance parole while I was traveling in Asia. I went to the local U.S. embassy and they said that they could issue a Transportation (Boarding) letter to allow me return to the U.S. Processing time would be around a week because they needed to check with DHS in Bangkok, it would cost around $300 and I should present 3 Photos and a police report.

However, this country was not my last port before entering the U.S. (my return ticket was from Hong Kong). The consul suggested that I apply to the embassy in HK which I did. Given that there is a local DHS office in HK, I applied directly to it. After interviewing with an officer, he issued me two letters (one for the airline and another for the border officer at the US POE). I did not have to pay any charges. (My guess is that State charges the $165 while DHS does not).

I returned today from this trip and after a short wait at the secondary inspection in the airport I was admited to the U.S.

[vi75]

Hi,

Could you tell me please what is the meaning of this

"On November 22, 2005, the document we made based on the approval or registration of this case was mailed directly to the person to whom issued."
If it means approved I should have my AP by now. I haven't recieved it yet (More tahn 3 weeks after approval).Does it mean lost in mail.What should I do now if t is lost in mail

Thanks


Vi75

[abk123]

Hello Gurus,
Please suggest, i am trying to get an appointment in US embassy in Delhi,
trying from last 3 days but still no response. my AP has been expired on 31/01/06.
Security at the embassy r not allowing without an appointment,
does anybody knows immigration lawyers in delhi,
need consultation,
thanks please reply,

[goodyearahead]

Hello All,

Concepts about re-entry using advance paraole is clear. My only question is while checking out of US...how do you show that you are intending to return on AP or valid H1B visa...after all the airlines takes I-94 card from you. Does that mean you have the choice of both and decide about it while re-entring?

Thanks,
goodyearahead

[prq20]

Hello All,

Concepts about re-entry using advance paraole is clear. My only question is while checking out of US...how do you show that you are intending to return on AP or valid H1B visa...after all the airlines takes I-94 card from you. Does that mean you have the choice of both and decide about it while re-entring?

Thanks,
goodyearahead

I have a similar situation. I am planning to travel in Dec on AP (485 filed) , I dont have a valid visa in my passport and am staying here on valid I-94 (H-1). I would like to know if not having a valid visa, and not going for it while abroad, cause any problems?

Is AP a true substitution of a Valid visa?

What to expect at Check Out from US and also while coming back?

Can someone please provide the step-by-step process.

Thanks for all help.