AP Approved But Lost In Mail - Due to Travel Wednesday

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paulclarke1

Registered Users (C)
I am looking for some opinions here. My wife applied for AP in Sept last year and it was apporved 28th january. Despite sending in an Ar-11 and including a copy of the address change with the RFE we received for her AP, they sent the appoval notice to our old address. She was on a H4 but has been using her EAD to run a party plan sales business (self employed).

We have been talking to NSC, our lawyers and senators office, and there combined wisdom was well you will have to apply again. This we did and requested that the NSC expedite our case. This was 1 and 1/2 weeks ago. From what I am being told by the senators staff is that it was expedited for security clearance and as of Thursday last was with an officer. I am still hopeful that they will approve by Wed, but that is looking less likely.

My question is based on the original approval is it safe for her to leave the country? From what I see they do not ask to see the AP on departure. She is not due to come back until April 9th, but I have begun to prepare her for a longer stay if nessesary to wait until the 2nd AP arrives. Is this a safe strategy to pursue.
 
Are you saying the AP is lost in the mail since you haven't given the change of address? All the BCIS communication use to come with "Address Service requested", if it can't be delivered to the addressee it usually goes back to the BCIS. This is the ideal scenario; INS usually mails it again if they can track it if you call them and follow up. I'm not sure what happened in your case.

As far leaving the country before approving AP is like abandoning the application. Since you have applied for AP again I don't think it is wise to travel based on the old approval.

This is just my opinion, discuss with your lawyer about the options.
 
What I meant By Lost

According to the service center, they mailed out the AP to the old address. This was after we sent in our AR-11 and got an RFE for the AP, where we included a copy of the AR-11 and noted that we had moved in our cover letter.

The post office says that they would have sent it back to the services center, but as of last week, the service center has not received it back. This is why we made a 2nd application.

However the 1st was approved. This was confirmed by the service center, case status online and by the BCIS to the 2 senators office's that contacted them about it. Would this still be considered traveling without AP approval, just because the document got lost in the mail?
 
I understand your point, however this is a difficult questiond to answer.

One thing for sure is that you will be abandoning 2nd AP application if you travel before it's approved; also you don't have the first AP approval either. I think that makes your situation more complicated, I would wait for the 2nd AP approval.

Consult your lawyer
 
Thank You

I am in the process of consulting my lawyer. I also wanted to caucus my issues here in the hopes that someone would have a perspective that I had not considered.

Please take any comments I make as exploratory, I do not mean to suggest that you are not correct (as much as I might hope that is not the case).

I am not sure that your comment regarding abandonment of the 2nd i-131 makes sense. You cannot exend an i-131, you have to apply again when it expires. Good prctice would require you do that prior to expiry. Therefore if you have an approved i-131 and travel on it near its expiry. It makes sense that you could have a pending i-131 application to replace the original one without travel invalidating the new petitiion.
 
I understand your desperation, may be I’m not helping, Please make wise choice than to regret later. Good luck
 
Late Breaking News

According to the NSC the original i-131 was found back at the service center and mailed out on Friday. With luck we will have it today or tomorrow in time for her to leave on Wednesday.
 
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