Advance Parole Expired Outside India

T

tiwari

New Member
My wife went out on a valid advance parole. She could not make it back to US before her AP expired.
Her EAD is still valid, I485 is pending for two years at VSC.
Can she go to the american consulate in delhi and get a temp visa to get into the United States.
or Is there any other way for her to get into US.
 
If she has a fallback status such as an unexpired H4 then she may be OK to enter on that, though I'm not sure if this is possible if she has previously used the EAD to work.

If there is no fallback status then she will have serious problems since the AOS application is likely to be considered abandoned. In this case, you need to talk to an attorney.
 
if you have valid H1 (you have not used EAD) then she may get H4 visa from consulate based on your H1 status. if you are not on H1 then she can not enter US as her AP expired and no H4 visa in her passport and you are not on H1 status.

Tiwari ji, dont you know that she should have entred before her AP expiry date or H4 visa expiry date?
 
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