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  #1  
Old 31st March 2009, 02:21 PM
bwong bwong is offline
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Need Help on entering US with AP

My Dad will be coming back to US with his AP after 9 months stay in his home country. Currently his GC case is still pending. I searched through this forum and here’s the information I could find. Are these accurate? Your input will be greatly appreciated!

1. Fill in a new I-94 card at the airport.

2. Take the visitors line (for people with visas) at the airport.

3. Document to bring: passport, new I-94 card, AP, I-485 receipt.

4. Since he’s been outside the country for 9 months, does he need to bring some other documents showing the reason he’s been away for so long? Someone here suggests no need but does anyone have similar experience? My Mom and my Dad have both be hospitalized in home country during this 9 months period.

5. So will he be asked to go into a separate room where an officer will question him? Or everything will happen while he’s in line with others?

6. The officer will stamp his AP and return both pages to him. Or will the officer take away one page of AP?

7. What date will the officer put on I-94? One year from the entry date? What does that date mean?

8. Has anyone had any bad experience like being rejected entry into US and asked to return to home country right away? How could I help while waiting outside at the airport?

If you have similar experience before , could you please share with us? Thanks so much for your help on this!
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  #2  
Old 31st March 2009, 06:03 PM
Indian_Citizen Indian_Citizen is offline
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1.May be. I don’t think so.
2.Yes true
3.Passport, AP, I guess they issue a new I 94 at POE with date same as date on AP
4.No need of any documents. He is not Permanent Resident yet.
5.I guess they take to separate room. If he is not violated any rules in USA it may take just 1 minute.
6.I guess he gives 1 page to you. That’s what I heard. But in my case he gave me back both of them.
7.No date of AP ends.
8.Yes they can do that. If he is not violated any immigration laws and any other laws in USA he is fine
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  #3  
Old 31st March 2009, 06:56 PM
bwong bwong is offline
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Thanks for your response. I really apprecite it!

My major concern was that he's been away for 9 months using AP. They may say AP is for urgent matters only and question him for staying too long outside US. Other than that, we have been following all the rules carefully.
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  #4  
Old 31st March 2009, 07:00 PM
Jackolantern Jackolantern is offline
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5: Yes, for Advance Parole they almost always send people to the secondary inspection room. It could take 2 minutes, or it could take 2 hours if they are busy questioning a large set of people with questionable immigration status.

6: Sometimes they take one page. But give them all and let them decide.

7: For Advance Parole, the standard procedure is to stamp 1 year for the I-94. But with a pending I-485 that doesn't really matter as far as immigration is concerned. Although for other purposes like driver's license they may decide to make the DL expire at the same time as the I-94.

8: Haven't heard of that happening to people who have no past immigration violations or criminal record. But if he filed I-485 after overstaying a tourist visa for 180 days or more, they can and probably will send him back.
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I-485 filed: June 2005 Approved: July 2007

I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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  #5  
Old 31st March 2009, 08:33 PM
bwong bwong is offline
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Thanks a lot for all your inputs! Much appreciated!
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  #6  
Old 1st April 2009, 01:22 PM
Triple Citizen Triple Citizen is offline
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Make sure he is carrying documentation to prove this, just in case.

Quote:
Originally Posted by bwong View Post
4. Since he’s been outside the country for 9 months, does he need to bring some other documents showing the reason he’s been away for so long? Someone here suggests no need but does anyone have similar experience? My Mom and my Dad have both be hospitalized in home country during this 9 months period.
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**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #7  
Old 1st April 2009, 02:02 PM
Indian_Citizen Indian_Citizen is offline
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I guess thats required only for PR. If he is not PR then he is not required to follow PR restrictions.
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  #8  
Old 1st April 2009, 09:47 PM
bwong bwong is offline
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Hi Indian_Citizen,

Thanks for your reply. Do you remember when you entered US with AP, have you filled out the I-94 form? If so, did you leave item 10 (City Where Visa was Issued) and item 11 (Date Issued) blank? Because in this case, there isn't a visa.

Thanks for your help!
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  #9  
Old 2nd April 2009, 10:20 AM
Triple Citizen Triple Citizen is offline
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I used 2 AP's during my 11 month long AOS and I had to fill in an I-94 for the initial use of both APs.

Quote:
Originally Posted by bwong View Post
Do you remember when you entered US with AP, have you filled out the I-94 form?
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Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #10  
Old 2nd April 2009, 10:46 AM
Indian_Citizen Indian_Citizen is offline
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I guess I did not fill out any I 94. But they gave me nice printed I 94 with same date as my AP.
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  #11  
Old 2nd April 2009, 11:38 AM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by bwong View Post
Do you remember when you entered US with AP, have you filled out the I-94 form? If so, did you leave item 10 (City Where Visa was Issued) and item 11 (Date Issued) blank? Because in this case, there isn't a visa.
If there's no visa, you leave it blank or N/A. Not everyone who gets an I-94 has a visa.
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IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #12  
Old 2nd April 2009, 01:51 PM
bwong bwong is offline
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Thank you all for your kindly response. I do appreciate it very much!
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