Advance Parole Question

W

where_gc

Registered Users (C)
Hello Fellow Members,

I had a family urgency in India and for that my family (my wife and my son) needs to travel to India and my current status is
• I-1485/I-765/I-131 (AP) all three have been applied in June 2007. I have got the receipt notices for all of them.
• My I-140 approved in July 2007
• My current H1B/H4 (8th year extension) expires on May 2008 but unfortunately we don't have the VISA stamped in our passport?
• My family left to India on 8/1 based on getting H4 VISA stamped form US Embassy in New Delhi
• Advance Parole (I-131) got approved today (8/2)

Can my family use Advance Parole (AP) to come back to US and don’t go for VISA stamping at US Embassy, New Delhi?

Appreciate your help in getting this question answered?


Thanks
 
Follow-up

Thanks Sanjuzzz for your reply.

I hope you understand that I want to be sure about it else my family wil be stuck at the airport while coming back.

Would you mind if you look at the following link at Murthy.com

http://www.murthy.com/news/n_favint.html

It states that one needs to have AP approved prior to leaving? So appreciatre if you know someone who has first hand experience and have done it in past without any problem.

Once again thanks for your time and help in getting my doubts cleaed and help my family.

Other fellow members, pleae advise in case somone has any input on my case.


Thanks
 
Yes, mail the advance parole papers to your wife and tell her to show these papers while coming back from India.
Usually, you get 3 AP for each person.
If your wife is coming back by Air India, they will see the AP at the check-in counter in India and give that AP back.
At the port of entry in USA, immigration officer will check the AP and stamp it. They don't ask a single question.
 
No anymore

Not anymore ... nowdays if you have an AP document you HAVE to go to secondary immigration.

Obviously this doesn't mean that she will have any trouble.
 
My attorney told that after applying I-131(AP) if you leave to other country before the approval...it'll become invalid.

So, i think she has to get H4 visa as your initial plan.
 
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