Advance Parole And....

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girishreknar

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Guys!

I have applied for AP to my wife and INS says it is around 90 days process, how can i expedite it, can I go to my local district office? I wanna go visit INDIA during christmas holidays.

If not, Can I just take her to INDIA now? once she gets it by mail then I can send it over to INDIA and then she can enter?

Next, Is passport stamping sufficient to travel abroad? Physical greencard importance???

Thanks much!
 
The VSC is processing AP very fast these days... the 90 days message is their standard message... I think you should get it in 2 weeks...
 
Right

They are going to reject your AP. You have green card approved. Get the passport stamped and go whereever you want to go. Most probably you will get your plastic card be4 that.
 
MD_Rockville said:
They are going to reject your AP. You have green card approved. Get the passport stamped and go whereever you want to go. Most probably you will get your plastic card be4 that.
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It's her wife's AP (who is not approved yet). He is approved, but his wife not.
 
girishreknar said:
Guys!

I have applied for AP to my wife and INS says it is around 90 days process, how can i expedite it, can I go to my local district office? I wanna go visit INDIA during christmas holidays.

If not, Can I just take her to INDIA now? once she gets it by mail then I can send it over to INDIA and then she can enter?
Click to expand...

No, if her AP is not approved, she should not leave USA. AP must be approved before departure.

Normally local district office doesn't give AP, unless it's emergency. So she needs to wait either for her AP approval or I-485 approval.


girishreknar said:

Next, Is passport stamping sufficient to travel abroad? Physical greencard importance???
Click to expand...

Yes, stamping is good enough for traveling.
 
Since your gc is approved, your spouse's status is gone automatically so she will need her AP to travel. She shouldn't leave USA until her AP is approved AND she gets it in her hand in USA like Pralay said.

You cannot send it over to India because of the entry-exit system at any US port such as airport, border, and port. If you do that, her gc will be abandoned.
 
Does she have a valid AP now which does not expire till you come back? Did she apply for an extension with valid AP in hand?
If so, I would think one can travel. But if she does not have a valid AP now, she would have to get the approval before she can travel. (at least that's my opinion and was my lawer's opinion when I was travelling with AP).
 
Thank you all

If it comes within two weeks then I think I am ok. However, here are some questions based on your replies

Why can't she just leave now and REQUEST our local post office to send the MAIL i.e. AP approval to INDIA? What is that exit port system...

Also, how many of you used AP to travel abroad and how the systems works? I believe .. While leaving you just drop your I-94 and go right? and when entering back that is where they check your AP right? if yes, how exactly is that done...

Thanks
 
Last edited by a moderator:
pralay said:
No, if her AP is not approved, she should not leave USA. AP must be approved before departure.

Normally local district office doesn't give AP, unless it's emergency. So she needs to wait either for her AP approval or I-485 approval.




Yes, stamping is good enough for traveling.
Click to expand...

Thanks Pralay, DEFINE Emergency???
 
Hope this helps

Not only is the dependent supposed to be in the U.S. when filing for the AP, but the dependent is supposed to be present at the time of the AP approval also, in order to be able to enter the country on that particular AP. Otherwise, if the person files for the AP and then departs the U.S., the CBP Inspector at the airport may legally prevent her/him from entering on that AP if the inspector checks the date of the AP approval and the date of departure.

-- Murthy Chat -- This week
http://www.murthy.com/chatlogs/chat1115.html
 
waiting! said:
Does she have a valid AP now which does not expire till you come back? Did she apply for an extension with valid AP in hand?
If so, I would think one can travel. But if she does not have a valid AP now, she would have to get the approval before she can travel. (at least that's my opinion and was my lawer's opinion when I was travelling with AP).
Click to expand...

Yes she has her old AP which expired few months ago and I don't think you can extend like H1 it has be NEW application....
 
girishreknar said:
If it comes within two weeks then I think I am ok. However, here are some questions based on your replies

Why can't she just leave now and REQUEST our local post office to send the MAIL i.e. AP approval to INDIA? What is that exit port system...
Click to expand...

This is what USCIS says...

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Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. 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. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.

Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

Filed an application for adjustment of status but have not received a decision from the USCIS;
Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
An emergent personal or bona fide reason to travel temporarily abroad.

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girishreknar said:
Yes she has her old AP which expired few months ago and I don't think you can extend like H1 it has be NEW application....
Click to expand...

I know that :) . What I meant to ask was if you had applied for the new one while the old one was still valid. But since the old one has expired I agree 100% with what MD_Rockville said. One awaiting AP cannot leave the country while it is pending and expect to use it once approved to come back!! Think 2/3 more time if you are planning to use that approach. It is very risky.

Secondly USPS does not forward USCIS mail, so you cannot have them send the AP approval to India either! ( I guess you might already know this, so pardon me if the info is redundent)
 
girishreknar said:
Thanks Pralay, DEFINE Emergency???
Click to expand...

Someone died or seriously ill. You need to show some kind of proof for that. There are other kind of situations that can be termed as emergency, provided USCIS office is convinced.

Vacation is not considered emergency.
 
ar888 said:
This is what USCIS says...

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Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. 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. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.

Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

Filed an application for adjustment of status but have not received a decision from the USCIS;
Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
An emergent personal or bona fide reason to travel temporarily abroad.

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Click to expand...

Ok guys then I will drop that idea of taking my wife right after applying AP and NOT waiting till it is approved, actually this Idea was given to me by my OLD attorney.

Thanks anyway.
 
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