Return on AP, filed when she was outside US???

[sshah1001]

Hi,

My wife went to India on an Adv.Parole, which got expired in Dec'03. Her new AP was filed before she left India in Sep'03 BUT INS returned it because I sent a check of 120$ instead of 110$. So, the new recpt date now shows Nov'03. In Nov, my wife was not in US. She could not come back before Dec and she is still in India.

I have not got her new AP yet. But now when she returns on new AP, which was filed when she was outside US, will she be allowed an entry in US or she will be deported back?

Please share your views/advise ASAP.

Thanks,

[mgh2001]

It is not enough to file an AP prior to leaving the U.S, the AP must be approved by BCIS, prior to leaving.

From the BCIS 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"

Recommend you contact a lawyer for possible options (it might be the case that theres some way out since this was a parole extension )

[sshah1001]

Hi mgh2001,

Due to unavoidable medical reasons, she could not come back to US before expiry of her first AP. Does INS consider this type of reason?

Do they check when someone comes on AP that when that person left the country and when the AP was approved?

Suppose, if they find that AP was not approved before leaving the country, will they deport her back?

Thanks,

[mgh2001]

The issue is that the AP may be considered abandoned since the person left before approval. See Attorney reply rom the murthy.com forum
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If a person with an advance parole application pending departs the U.S. before the advance parole is approved, the advance parole application may be considered abandoned.

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Recommend you contact a laywer immediately. One possible option (dont know if this is possible), is to have this classified as an emergency AP due to medical reasons. A qualified attorney should be able to give you your valid options..

[sshah1001]

Hi mgh2001,

Now I am thinking of another option. i.e to go to India and have my H1 stamped there and then do H4 for my wife and bring her here with me.

But, right now I have sent my passport and approval papers I-797 for H1-revalidation, which I will need to get back.

How does this idea sound to you?

Thanks,