Renewing AP while studying abroad

S

shadyhtown

Registered Users (C)
Hi. I'm a student, and I'll be pursuing medical school in the Carribbean starting this August. I have applied for and received my AP which is valid for a year, until August 2009. I will be returning to the US every 5 months or so -leaving in August, coming back in December, then leaving in Jan, and back in May, and leaving again in June, and back in December. So I will be abroad when my current AP expires in Aug '09. What do I do if I want to renew the AP? Can I renew it (e-file) while I am abroad? Or do I have to renew it when I am present in the country, like in Jan or May? And if so, can I leave the country on my valid AP while the renewal is in process? And when it is approved, can my family simply mail it to me so I can return on that after my current one expires? Any help is appreciated.

Another question. Is there a problem if I am outside the country on AP for more than 6 months? I will most likely be back before 6 months are over each time, but just wanted to clarify in case I have to stay longer. Thanks
 
Take a step back:

You cannot stay outside of the US beyond the expiration date of the AP you had when you left the US. This is true even if you have a renewed AP that is sent to you abroad.

The rule is that the AP you leave with is the AP you must use to return. You need to reenter the US, get a new AP, and leave with that. In order for your I-485 not to be deemed abandoned, you must have an approved AP before you leave the US, and use that same AP to return before it expires. A new AP sent to you abroad does not satisfy this condition since you did not have that AP with you when you left the US, so you can't use it to return.
 
Last edited by a moderator:
Thanks for the info!

By the way, I have an AP that is currently valid until August 13, 2008. And I applied for and have recently received another AP that starts from August 13, 2008 until August 13, 2009. So if I leave before August 13 (which will be during the validity of the current AP), will I be able to return on the new AP (since it is already approved and I will be taking it with me)?
 
shadyhtown said:
Thanks for the info!

By the way, I have an AP that is currently valid until August 13, 2008. And I applied for and have recently received another AP that starts from August 13, 2008 until August 13, 2009. So if I leave before August 13 (which will be during the validity of the current AP), will I be able to return on the new AP (since it is already approved and I will be taking it with me)?
Click to expand...

AP is for temporary visits (not determined what temporary is temporary). You can travel and come back after 8/13 because you already have APs without gaps. Again, APs will not guarantee your readmission if you stayed for that long abroad and immigration official at the POE may question that and you carry the risk for that
 
I just called the USCIS office, and I'm confused now. The lady there told me that AP is only for emergency travel, and not for going abroad to study. But when I had applied for renewal of my AP, I had specified in the accompanying letter that I wanted to use it to go abroad to study. No one objected, and my AP was also approved. But if AP cannot be used for study abroad, then why was it approved?

Bottom line - is there a danger of my application being abandoned or me not being allowed to return to the country if I go abroad to study? And when I return, do the immigration officials at the airport care what I went abroad for? Because they never asked before when I returned to the country.
 
shadyhtown said:
I just called the USCIS office, and I'm confused now. The lady there told me that AP is only for emergency travel, and not for going abroad to study. But when I had applied for renewal of my AP, I had specified in the accompanying letter that I wanted to use it to go abroad to study. No one objected, and my AP was also approved. But if AP cannot be used for study abroad, then why was it approved? For emergency visits

Bottom line - is there a danger of my application being abandoned or me not being allowed to return to the country if I go abroad to study? And when I return, do the immigration officials at the airport care what I went abroad for? Because they never asked before when I returned to the country.
Click to expand...

The lady told you the exact regulations and purpose for the AP and you can read it from the instructions of the form by yourself (for emergency travel only). When you apply, you write whatever you like, for study, for visiting family ....etc no one care and the AP will be almost issued as happened with you. If you want to stay for long times for study or so, you will carry the risk with your pending application in case you may receive RFE and not responding to it in timely fashioned or any adverse effects being for very long time abroad. You can not argue that you wrote in the application for study because no one at the POE can bring this application at that time and even if you wrote to study, have you specified that you will study for many years in the application or you just wrote it vague and left it for the intelligence of the USCIS to know you will study for long time?. If you have emergency study for few weeks this will be well and good, but long times, I do not think it will work. My understanding for pending I-485 and eventually GC for sometime is to test those people with applications to become residents in US then they will study here, work here, have family here and participate actively in the US (according to the category for application) not abroad. Just see what is more important for you, to stay here or to study abroad and carry the risk? I am not defending the USCIS, but this is the regulation and every one of us want to do what is best for him including the USCIS
 
You must log in or register to reply here.
Top