131 Advance parole

S

skp19722003

Registered Users (C)
My wife need to go to India this month end. I haven't applied AP. I'm going to apply this week. Does she have to here physically until AP comes?? What I'm thinking is I will apply when she is here and I will post AP to India later.
 
I am not sure how that work, but she will have to surrender I-94. I assume if I-94 will reach INS sooner than the decision is made on AP case, she might have problems...
 
It seems she must be present all the time, otherwise AP application won't be approvable. She should get visa stamping. I read about similar situation on another forum and the person stating this was quite confident this is the way it is.
 
skp19722003 ---NO You can't do that.

If your wife don't have H4/h1 or L1 visa and if you are relying only on AP then if your wife leaves the country without hardcopy of approved AP then her 485 is abendoned and she won't be able to enter.

If she has valid H4 /h1/L1 then she can enter on that.

Entring on any other visa other then H4/h1 or L1 or Advance parole will abendoned her 485 and she won't be able to enter the country.

You can find more on it on immigration-law.com or murthy.com or even in immigration.com forums.
 
The law clearly states that unless one has a valid non-immigrant visa that allows for dual intent, such as an L1/L2 or an H1b/H4, then one must be in possession of a valid Advance Parole upon DEPARTURE from the United States (not upon re-entry as commonly misunderstood), otherwise the I-485 is considered abandoned.
 
skp19722003 said:
My wife need to go to India this month end. I haven't applied AP. I'm going to apply this week. Does she have to here physically until AP comes?? What I'm thinking is I will apply when she is here and I will post AP to India later.
Click to expand...

You can NOT use a AP that is approved while you are not in USA.

You do not need AP to travel ,if you have a valid H4/H1 visa until coming back. HOWEVER, if I485 is approved before returning to USA one can not enter USA because H1/H4 status is gone once I485 is approved.

You can try for emergency AP if you have a proof of emergency. also USCIS local office will charge AP fee again!!

HTH
 
emergency AP

Is there any way I can get AP soon like emergency advan parole, with local INS office or Nebraska office??
 
damascus said:
You can NOT use a AP that is approved while you are not in USA.

You do not need AP to travel ,if you have a valid H4/H1 visa until coming back. HOWEVER, if I485 is approved before returning to USA one can not enter USA because H1/H4 status is gone once I485 is approved.

You can try for emergency AP if you have a proof of emergency. also USCIS local office will charge AP fee again!!

HTH
Click to expand...

What if I have a valid AP and due to frequent travel I have to apply to renew my AP. Would that be a problem since the second AP will be processed while I am traveling and I am keeping the old AP?
 
Ap

I already efiled and ready to send docs. I have to send thro' first class mail or registered post?? I hope the following is enough.??

1. driver license
2. INS receipt of my 485
3. Form I-131 cover letter which printed after efiled.
4. Two color photographs
6. passport main page color copy
 
SAMBOCICO said:
What if I have a valid AP and due to frequent travel I have to apply to renew my AP. Would that be a problem since the second AP will be processed while I am traveling and I am keeping the old AP?
Click to expand...

In this scenario you would be re-entering using an AP that was approved before you left, and so you're fine. Next to you leave, you would be leaving with your newly approved AP, and thus re-entering with the same. No problems.

What many people try to do is, after they left, get thier AP approved and have it sent to them in another country. This is against the law. You are not doing the same thing.
 
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