AP Approved while Abroad - URGENT Need Advice

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GCLikeOthers

Registered Users (C)
My spouse is currently outside US on visit. She is holding a valid AP which expires on 20 July 2005. Before departing she applied for AP renewal which was recently approved while away. She is planning to stay beyond 20 July 2005 and return during Mid-August using her new AP approval which is valid until July 2006.

My question is, will she be able to use the new AP while returning to US because it was approved and mailed to us while she was abroad.

Any useful advice will be appreciated.
 
Of Course!!

Mail the new approved AP to her so she can come back with it. :rolleyes:
Mail it with tracker for sure so you know exactly where it goes...
 
tsar said:
Mail the new approved AP to her so she can come back with it. :rolleyes:
Mail it with tracker for sure so you know exactly where it goes...
Click to expand...
Is it your personal experience or you know somebody in that situation? On USCIS web site there is contrary information - you should have AP approved before leaving US.
 
Close friend of mine experienced exact situation. She left country with a valid AP in hand - but came back with a new one with no problem. :cool:
 
You take a chance with doing so . They can deny her entry into the US and send her back on the next flight.

From Murthy.com
My AP extension and I-485 (dependent) were approved as soon as I left for India. Any advice?

Attorney Murthy : A person is allowed to attempt to enter on the AP, but there is a risk of his/her being denied entry on that AP since the AP was approved after the person had departed the U.S. If the prior AP is still valid, then one should return to the U.S. on the earlier, unexpired AP before it expires to avoid a major complication in reentering the U.S. or risk being sent back on the next flight after being put into detention - sometimes with handcuffs!

From Murthy.com
Chat User : I applied for AP. In case of emergency, can I leave for India prior to AP approval and come back to the U.S. as soon as the AP has been approved?

Attorney Murthy : As explained above, there is a risk since the CBP is allowed to deny entry to a person who attempts to enter on an AP approved after s/he already departed the U.S. The only option is for that individual to enter on the AP previously issued before that expires, to avoid being stuck at the border or being sent back on the next flight.

http://www.murthy.com/news/n_favint.html
Example from site above

Case Example with Dates

A person has an advance parole that is valid through June 15, 2004. S/He files for a new advance parole on April 15, 2004, while in the U.S. On April 20, 2004, the person learns that s/he must travel abroad immediately. Under the USCIS advisement, the person could leave the U.S. and reenter on the first advance parole through the June 15, 2004 date. The advance parole filed on April 15, 2004 will be valid once it is adjudicated for travel from its approval through its validity date.

It would not be permissible for the person in the example above to depart the United States on April 20, 2004 and remain abroad past June 15, 2004, waiting for the second advance parole in order to reenter the U.S. The person could not have someone send him/her the April 15th advance parole in August 2004 and use it for reentry.
 
Last edited by a moderator:
tsar said:
Mail the new approved AP to her so she can come back with it. :rolleyes:
Mail it with tracker for sure so you know exactly where it goes...
Click to expand...
Tsar,

If you don't know something for sure, then please don't offer advice that appears that you do. What you say is totally wrong - the USCIS have confirmed this in a previous memo, and it has been discussed here ad nauseum in the past. As other posters have pointed out, this guy's wife could end up being refused admission and having her GC application cancelled.
 
No she should come back before her first one expires

GCLikeOthers said:
My spouse is currently outside US on visit. She is holding a valid AP which expires on 20 July 2005. Before departing she applied for AP renewal which was recently approved while away. She is planning to stay beyond 20 July 2005 and return during Mid-August using her new AP approval which is valid until July 2006.

My question is, will she be able to use the new AP while returning to US because it was approved and mailed to us while she was abroad.

Any useful advice will be appreciated.
Click to expand...
 
I contacted my lawyer regarding this and they confirmed that my wife CANNOT use the new AP to return to the US. She has to return before the current AP expires.

Thankyou everybody for Input.
 
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