AP expired while I am aboard

J

jackjbaker

Registered Users (C)
Hi Guys,
My AP expired a month ago "4/1/2003" and right now I am not in the US :confused:
What are my options?
Can I apply for a new AP and return to the US using it?
Am I in trouble?

I really appreciate your help.
Thanks
Jack
 
How could you let the AP expire?
If you don't have any non-immigrant like H1B, L1 or alike visas, you are in a big trouble. You can try to apply AP from abroad, but careful if the INS notices that your address is outside the U.S. they may not approve the AP. In this case, they may consider that you have abandoned your I-485.
Ask a friend or relative to mail the AP application from the U.S., put your U.S. address in the form and then ask them to mail the approved AP to you.
 
You cannot apply AP while out side US. It is Parole document issued only in the US. Talk / e-mail to some good Attorney. Some thing will come up. Do not screw up by going directly into consulate.
 
Jaxen,

How long can you stay outside the USA when you are on Parol, can you stay for example for 6 months as long as your AP valid? Is there a limitation anywhere? Thanks
 
Jackbaker,
Not sure if you have valid H visa...U haven't mentioned...
If you have valid H/L visa, and haven't used EAD, u can enter thru visa...else I guess 'You aren't even supposed to leave the country before getting AP approval'

This is just my thought..Pls consult with a lawyer on this...!
Do Not go by my words..

Hope this helps
 
Jaxen/ jackjbaker


Ask somebody to apply for AP and hold tight for approval. It will come.
Click to expand...

As for as i know when exiting country you will handover a copy of AP to INS officer. And other copy will be stamped and given the Parolee.
Now if he apply another Parole through some body else when he is not in U.S. doesn’t it mismatch with AP one he is carrying. As for as I know We can not apply AP in Absentia.

Jaxen am I right? Just asking for clarification
 
"As for as i know when exiting country you will handover a copy of AP to INS officer. And other copy will be stamped and given the Parolee."
---- Not when Exiting the US, you have to show AP when you enter US Or you may have to show it to Airlines before taking a flight for US.
"Now if he apply another Parole through some body else when he is not in U.S. doesn’t it mismatch with AP one he is carrying. As for as I know We can not apply AP in Absentia. "

---- According to BCIS one cannot apply for AP if one is not in US, one has to get AP before departure from US.
http://www.immigration.gov/graphics/services/Emergency/index.htm#Advanced[/url]

He/she can return to US if he/she is maintaining H1 status with employer and has valid H1 visa in passport.
 
I feel Ginnu is right, though partially.....the INS web-page says...

"When to File
The alien must apply for the travel document before leaving the United States. Failure to do so may cause the alien to lose permission to re-enter the country, and lead to the denial of any other applications pending."

So, one need not have the AP approval in hand before leaving the U.S.....mere applying for AP before leaving is ok. But the risk is that it would create problems if you are denied AP by BCIS when you are outside the country.
 
No ginnu,

I asked my attorney, I quote him " They provide two copies of AP. While exiting you have to give both copies to INS officer. He will stamp on one of the copies and return it back to you. Other copy he will keep. The stamped copy you have to show to the airlines while coming back to US. You can use that copy n number times to enter this country before expiry date"

To confirm we should ask somebody who really used the AP

Of course if he has H1 there is no issue at all.
 
NO - when you leave the country, you just need to show the airline agents that you have a valid AP (if you do not have a visa) to come back to the U.S. The AP has a statement that authorizes the airlines to carry you without liability based on a certain INA regulation/law.

YOU DO NOT give the APs to anyone when you leave the country.
On your way back, you just show one AP (not both) to the INS at POE.

That is my experience in using the AP, flying on Northwest and Continental. The agents are very familiar with the AP. They only wanted to make sure that the AP was still valid on the day of your return to the U.S.

If your AP is indicated as SINGLE entry, you can only use it one. Check what is written on your AP.
 
tammy2:
Change your attorney, he/she does not know when and how to use AP.

You don’t have to show AP when you depart US. You only show AP to Airlines when you take a flight FOR US and when you reach US you show the AP at POE to Inspector

"GC012002" is correct.
 
Sorry to revive a dead cat but I talked to an IO today about this exact issue.

She said that if the AP is approved (according to the online BCIS status check) but has not been received, you can leave the country but would need to show the destination country's border agents that you have a valid passport/citizenship. AP only needs to be shown to the U.S. airlines or inspectors when re-entering the U.S.

Your attorney could send you the AP at your international destination and you could re-enter with it.
 
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