485 Pending-> travelling on AP-> now GC got approved-> Q's on when to return, using what AP / GC?

P

pankajkalra

Registered Users (C)
We (parents) had applied for family based concurrent AOS in Aug, 2008 while we were on

tourist visas. We are now in India on Advance Parole(valid till Aug. 2009) that we received

after filing AOS.

Today(Feb, 2009) production of green card has been ordered for my wife and will soon be

received in USA. My case is still pending but we expect it processed soon. Thanks for all

the help.

My questions is

(a) What documents we need to show at immigration on returning to USA?. We have I-485

Notice, Advance Parole and valid Passports.

(b) Do we need to request somone in USA to mail our green cards on receipt.?

(c) How much maximum time we still can stay in India.? We wish to stay here for another 1-2

months. In any case making travel arrangements etc. is likely to take atleast 2 weeks.

(d) But is there a time limit for returning?

(e) Can we safely enter 2-3 months after the cards are received in USA, and

(f) sending GC by mail is not objectionable?


Also, in totality, Which one of these scenarios is correct:

1) Do we have to return immediately on approval of green card, enter with advance parole

only and it is not legal to mail green cards?

OR

2) It means if we can get our cards mailed and receive it here, we can safely travel back

with our green cards, even after 2 months of its receipt in USA. Overstay abroad is not an

issue whether it is 2 weeks, 2 months or even more. Am I right?

We would appreciate all the help here, as these are some of the question I have looked over

many sites and forums but could not find answers to. Thanks so much!
 
I believe if your GC is approved, your AP is no longer valid (Even if your AP has not expired). AP is approved for a "pending" AOS case, since your AOS is not pending anymore, your AP is not valid, and it will not allow you to enter back to the US. Best is to get your GC before travelling, or get a I-551 stamp on your passport.
 
jbak_ip said:
I believe if your GC is approved, your AP is no longer valid (Even if your AP has not expired). AP is approved for a "pending" AOS case, since your AOS is not pending anymore, your AP is not valid, and it will not allow you to enter back to the US.
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This is incorrect. Use the AP to get back - there's nothing preventing you from being paroled into the US.
 
Advance parole is intended for use in "advance" of the green card, not after.
The OP mentioned that GC has been approved, therefore the AP is no longer valid. AP is a temporary benefit used until the greencard is approved.



TheRealCanadian said:
This is incorrect. Use the AP to get back - there's nothing preventing you from being paroled into the US.
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jbak_ip said:
The OP mentioned that GC has been approved, therefore the AP is no longer valid. AP is a temporary benefit used until the greencard is approved.
Click to expand...

Do you know what AP is?? It's nothing more than a nice letter from the Director of a USCIS Service Center asking the POE to parole you into the United States. The POE has the statutory authority to parole you in, I-485 pending or already approved. They don't need the AP to do it.

Besides, why on earth would INS and USCIS issue the AP for people to travel, only to have it become invalid the instant the I-485 was approved? It boggles the mind. Show me a single case in the last ten years where someone was approved while outside the US and was unable to return on AP (or an H/L, for that matter).
 
Many people successfully use Advance Parole to return to the US after their I-485 was approved ... whether they were outside the US at the time of I-485 approval, or the I-485 approval happened immediately before they left the US. I-485 approval does not automatically cancel the AP.
 
Thanks 'Vik Pal'...Looking at the response to your question (See below), they will allow you back in based on your approved I-485 status is what I am saying. Once your I-485 is approved, you AP is no longer required, not to mention it's invalid.

'If you go out of US with valid AP and I-485 gets approved while you are out if US. You CAN enter with valid AP. At POE you will be informed that your I-485 is approved and you will be admitted.'

Vik Pal said:
Read responses to my exact question below:

http://forums.immigration.com/showthread.php?t=292095
Click to expand...
 
jbak_ip said:
Thanks 'Vik Pal'...Looking at the response to your question (See below), they will allow you back in based on your approved I-485 status is what I am saying. Once your I-485 is approved, you AP is no longer required, not to mention it's invalid.
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Technically speaking if you are out of the coutry you really do not know whether your 485 is approved or not because they mail the approval notice to your US address. Online case status may or not have been updated because it is known to be buggy.
 
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