AP approval when should it happen?

jaxen

Volunteer Moderator
There are lots of misunderstanding about advance parole among the browsers of the forum. One of the chief being : can we apply for AP when you are out of USA or whether an approved AP when you are out of USA is still valid.

I invite in the preference of order
1. Personal experiences where you used an AP that had an approval date/validity date after your date of departure.
2. Opinions from Senior members
3. Opinions from lawyer/paralegal members

to post on this thread.

This is strictly a collection of grounded opinions and actual experiences. We all know that with USCIS, everybody gets to experience their own version of hell. So no USCIS bashing yeah rights please.

If you have doubts about AP(also mispronounced as payroll) dont post that Q in this thread. I would expect most of the users just lurching or listening.
 
Originally posted by jaxen
One of the chief being : can we apply for AP when you are out of USA or whether an approved AP when you are out of USA is still valid.


USCIS clearly states the following....

If you travel before the advance parole document is
issued, your application will be deemed abandoned if:
1. You depart from the United States; or
2. The person seeking advance parole attempts to
enter the United States before a decision is made on
the application.


This is particularly true for AOS applicants. USCIS also states that 'we can only apply for APtemporarily for emergent
humanitarian reasons, If we are outside the United States
'.
 
A small clarification to your above statement

If you travel before the advance parole document is
issued, your application will be deemed abandoned if:
1. You depart from the United States; or
2. The person seeking advance parole attempts to
enter the United States before a decision is made on
the application.

In this statement, if the applicant or spouse uses EAD for work and travel before the advance parole document is
issued, then the application will be deemed abandoned

else

if the applicant or spouse has EAD but never use it for work and uses h1 for work and travel before the advance parole document is issued, wont create any problem at the port of entry.
 
That's a GOOD question ........ and it is a gray area.

BCIS statement is true in the first scenario, whereas in second scenario, the person never intended to use the AP when he has a valid H1 stamp and is using H1 to work, so I would say it may not affect the status of his application.
 
ar888:

what if you travel with a valid AP, meanwhile, your renew AP is pending. Do you think that USCIS's statement still hold? How risky it will be when you use the new AP in the future?



"USCIS clearly states the following....

If you travel before the advance parole document is
issued, your application will be deemed abandoned if:
1. You depart from the United States; or
2. The person seeking advance parole attempts to
enter the United States before a decision is made on
the application."
 
Originally posted by sd_eagle
ar888:

what if you travel with a valid AP, meanwhile, your renew AP is pending. Do you think that USCIS's statement still hold? How risky it will be when you use the new AP in the future?

First of all, there is no renewal for AP. And if you have an existing AP and wish to travel, you need to come back before the expiry of the current AP. This doesn't affect the pending application for AP as long as you come back before the expiry of the current AP.
 
Hi

Hi
I am in exactly same position.
I have a valid AP untill May 25 2004.
I have NOT used EAD to work.

I am in CANADA as a private contract for the same company that i used to work in US.

the question is can I apply for my AP from canada?

and one more question: my I-94 is with me so for all practical purposes the BCIS thinks that I am still in US!!!
any insight would be appreciated.

thanks
:confused:
 
Good enquirer. It should be heartening to note that yes, you can apply for a new AP when you are outside USA. (you dont even have to say you are outside USA).
That is the power and reach of AP, despite USCIS warnings.
sd_eagle makes a valid point and ar888 has given a wimpy answer. You are wrong, you can apply for AP, then go out of USA, wait for approval and then travel in with approval doc- dont have to worry about approval date was a date when you were outside USA. That is the whole point about AP!!
 
if I have a valid h1 visa with I-94 on the passport and an AP, then at the time of leaving US when I use AP for travelling, do I have to surrender the I-94 or doesnt matter?
Also at the port of entry when came back on AP, do they put a new I-94 on the passport?
If i use AP, then I dont have to show passport as well right?
 
Hi

I dont know if jaxen's comments are good or sarcastic!!!!!!!!!!

since I wanted it to be true..............i cant see if it makes sense.......... :|


hey Love

you dont have to use AP while leaving.............and as for as I-94 is concerned the ports that I ahve left ..............its voluntary- emaning there is nobody standing there and telling you to give the I-94. (but they insist u have to do it for record keeping)

whne u coem back if u have H-1B valid- first they will tell you to use it and NOT the AP.
but if u insist they will issue a new I-94 ( everytime a new I-94 when u use an AP)
and take back the old I-94 if u have any and at that time will ask you when u left the US.



take care:)
 
and every time u use an AP...............they will put the stamp on
ur passprot (u need to show it), ur I-94, and ur AP paper
 
while reading the post, I come up an interesting say logical question.

IF
You departure US with old AP( you have AP issued),

WHILE
That AP will expire next day AND your new AP is pending. You stay outside of US (could be a long time) until your new AP is approved.

You have some body carrys that AP approval notice to you.
When you return to US (decision is made)

THEN
Both 1 and 2 are not true.


"USCIS clearly states the following....

If you travel before the advance parole document is
issued, your application will be deemed abandoned if:
1. You depart from the United States; or
2. The person seeking advance parole attempts to
enter the United States before a decision is made on
the application."
 
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