Any time limit for stamping after 485 Approval?

G

GC_for_travel

Registered Users (C)
My daughter's case has been approved last week. But she is traveling abroad for school summer vacation and will be back in late August. Can she do stamping after she's back.

Many thinks!

Jay
 
Yes, she can. There is no time limit (if there was any, USCIS would mention that in approval notice).
 
GC_for_travel said:
My daughter's case has been approved last week. But she is traveling abroad for school summer vacation and will be back in late August. Can she do stamping after she's back.

Many thinks!

Jay
Click to expand...
Question:

How will your daughter re-enter the US ?
I understand that AP is invalid after 485 approval. I think the same holds true for a non-immigrant visa as well.

The 551 stamping would enable international travel .... since you mention that she is going abroad, better check how she is going to come back in.
Maybe deferred inspection ??
 
My lawyer told me that she could re-renter using AP

I don't doubt it at all. Who knows I485 will be approved before travel. They must allow you to use AP for the last one more time.

Jay
 
GC_for_travel said:
I don't doubt it at all. Who knows I485 will be approved before travel. They must allow you to use AP for the last one more time.

Jay
Click to expand...
I'm sure that if you exited with AP before approval, you can come back in on the AP (if 485 gets approved while u are gone) and request deferred inspection.

What am not sure about is, leaving the US *after* approval and trying to come back with the AP.
If you are convinced with what your attorney says, go for it !!

Personally, I would get the stamping and be done with all confusion - after all stamping takes only a few hours....
 
max2k1 said:
Question:

How will your daughter re-enter the US ?
I understand that AP is invalid after 485 approval. I think the same holds true for a non-immigrant visa as well.

The 551 stamping would enable international travel .... since you mention that she is going abroad, better check how she is going to come back in.
Maybe deferred inspection ??
Click to expand...
AP (till it expires not one more time) is valid no matter whether your 485 is approved or not. That's why we have AP. If not what the heck is an AP for?
AP is valid till it expires or passport gets stamped whichever is first.
However, people do get stamp in passport just to be on the safe side.
 
Actually that is NOT true. AP is completely based upon 485, it was seen as an interim measure given to people who wished to travel abroad while their AOS is being processed, hence the words "Advanced Parole". As soon as your 485 is adjudicated (one way or the other), all documents existing upon its validity, (EAD/AP), lose its validity! If you have been following the posts of people who have gone for stamping you will notice that they had to turn in ALL the paperwork, like EAD's/AP's etc.

Bottom line you CANNOT travel after AOS Approval on your AP! The only exception to this case is if you are approved, while outside the country. In which case, you are sent to defered inspection, for stamping, after entering on a valid AP.

The only legitimate way to travel after AOS approval is on the I551 stamp or the plastic card itself.
 
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Thanks all for useful information

My daughter left US long before the 485 got approved. So it should be fine. Thanks for all this information you supplied, my friends. It make me a little relaxed.

BTW, what is deferred inspection anyway?

Jay
 
140_takes_4ever said:
Actually that is NOT true. AP is completely based upon 485, it was seen as an interim measure given to people who wished to travel abroad while their AOS is being processed, hence the words "Advanced Parole". As soon as your 485 is adjudicated (one way or the other), all documents existing upon its validity, (EAD/AP), lose its validity! If you have been following the posts of people who have gone for stamping you will notice that they had to turn in ALL the paperwork, like EAD's/AP's etc.

Bottom line you CANNOT travel after AOS Approval on your AP! The only exception to this case is if you are approved, while outside the country. In which case, you are sent to defered inspection, for stamping, after entering on a valid AP.

The only legitimate way to travel after AOS approval is on the I551 stamp or the plastic card itself.
Click to expand...
I have different experiences regarding this. One of my friends got approved and was planning to go for stamping the following weekend but suddenly he had an emergency so he left the country even though his 485 approval is in hand. He was abroad like more than one month and came back using AP. So the total time between approval and stamping is around 2 months. He had no problems, whatsoever.

If AP is invalid after 485 approval how about someone not knowing 485 approval and leaving the country with AP?
 
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Interesting situation: Departure before intimation of approval, but after actual approval.

Going on a strictly legal view, I would say your friend should have been denied enty, and should have been made to wait for this plastic card to be mailed to him before he could enter the country. But slip ups happen. INS is not known for its efficient ways.

But can you take an exception and call it the rule? I think not. The point I raised above, was the LAW, and the intent behind that law. The implementation and interpretation might vary from IIO to IIO. For instance the bloody stupid IIO's who wanted to deny cases, because he hadn't heard of AC21.

GC_for_travel,

Deferred inspection is when you are asked to visit the local INS center, for stamping. Basically it is a conditional entry into the US, which you have to make permanant by going to a local INS office.

Like you mentioned, in the case of your daughter she left the country way before approval, I see no reason why she should have a problem entering on an AP.
 
GC_for_travel said:
My daughter left US long before the 485 got approved. So it should be fine. Thanks for all this information you supplied, my friends. It make me a little relaxed.

BTW, what is deferred inspection anyway?

Jay
Click to expand...
OK - that was not clear in your first post :)
I got the feeling that she is planning a trip abroad *after* the approval.

In this case, she can come back with AP - no issues.
 
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