My spouse is plannig for trip to India for 3 months, mean while her and mine AP will expire, I will apply for an extension but I am sure she will be in India by the time I get it. I will mail it to her, but don't know if a person can be out of US when her/his AP can be renewed.
Ap Expires while out of the Country
- Thread starter Bindaas
- Start date
beware!
there is no "extension" of AP. when it expires, its dead. you have to apply for a new one. and the pre-condition for application is that the applicant *must* be physically present in the u.s. when the application is made, and the AP must be approved and physically in the hands of the applicant when they commence with their travel.
if you do not have any other valid visa (H1, H4) in your passport, and you leave the u.s. without an approved AP, or if your AP expires while you are still out of the u.s., then you cannot return, and your AOS is considered abandoned by the BCIS.
you have been warned!
there is no "extension" of AP. when it expires, its dead. you have to apply for a new one. and the pre-condition for application is that the applicant *must* be physically present in the u.s. when the application is made, and the AP must be approved and physically in the hands of the applicant when they commence with their travel.
if you do not have any other valid visa (H1, H4) in your passport, and you leave the u.s. without an approved AP, or if your AP expires while you are still out of the u.s., then you cannot return, and your AOS is considered abandoned by the BCIS.
you have been warned!
Hello Pork & Others,
Here are my questions:
1. Will there be any issue if i come back into the country with an AP which is going to expire in a few days. Assume that I will apply for the AP renewal, and then leave the country.
2. What happens if the GC approval come thru when I am outside the country. Do i still need to use the AP to get inside the country and then go for stamping, and do I need to tell the port of entry that my GC has been approved OR do i ask my friend to send my approval notice and then use that at the port of entry.
The 'I' above is for me and spouse. will it make any difference?
Please post your response.
Thanks,
Chikki
Here are my questions:
1. Will there be any issue if i come back into the country with an AP which is going to expire in a few days. Assume that I will apply for the AP renewal, and then leave the country.
2. What happens if the GC approval come thru when I am outside the country. Do i still need to use the AP to get inside the country and then go for stamping, and do I need to tell the port of entry that my GC has been approved OR do i ask my friend to send my approval notice and then use that at the port of entry.
The 'I' above is for me and spouse. will it make any difference?
Please post your response.
Thanks,
Chikki
chikki
I'm confused about your question #1. Are you saying your AP will expire while you are out of the States? If so, Pork Chop specifially said in his post that you can not get back in. If you are saying your AP will expire in a few days after you come back, then I don't see any problems.
For Q2, I read somewhere, maybe Visalaw.com, you can come back with AP and get a stamping at a local BCIS office.
I'm confused about your question #1. Are you saying your AP will expire while you are out of the States? If so, Pork Chop specifially said in his post that you can not get back in. If you are saying your AP will expire in a few days after you come back, then I don't see any problems.
For Q2, I read somewhere, maybe Visalaw.com, you can come back with AP and get a stamping at a local BCIS office.
c514468
the later part of your first para is the scenario I was describing, and it appearsfrom your answer that even if there are only few days left in the AP, it will pose no issues when getting back into the US as long as I get back before the expiry date.
Thanks for the answer to Q2.
the later part of your first para is the scenario I was describing, and it appearsfrom your answer that even if there are only few days left in the AP, it will pose no issues when getting back into the US as long as I get back before the expiry date.
Thanks for the answer to Q2.
Thanks Pork and Others:
Again, My wife is still on H4 and will be using the H4 only. But the situation is, while she is out of the country and her GC approves, I guess, she will have to use her AP to get in back on "differed inspection" situation, at that time her old AP is expired and assume her new AP has come and I mail it to her. But at the time of New AP approves she is not in the US.
I spoke with my attorney and she says the followin on this.
"I would argue that she had advance parole when she left the U.S. (which is required)and should be allowed to enter on the extension. "
The travel is not urgent or so, she can postpone if needed, please give me your advice.
Thanks Guys
Again, My wife is still on H4 and will be using the H4 only. But the situation is, while she is out of the country and her GC approves, I guess, she will have to use her AP to get in back on "differed inspection" situation, at that time her old AP is expired and assume her new AP has come and I mail it to her. But at the time of New AP approves she is not in the US.
I spoke with my attorney and she says the followin on this.
"I would argue that she had advance parole when she left the U.S. (which is required)and should be allowed to enter on the extension. "
The travel is not urgent or so, she can postpone if needed, please give me your advice.
Thanks Guys
If I was in this situation I would not have planned for the trip at all. With the daily emergance of new policies and procedures from DHS and BCIS. I would rather hold my breath and stay back instead of taking such chances.
Anyway this is your decision guys, follow your instincts and advice from your attorneys.
I would say if it is not a emergency trip then postpone it till you get your (renewed) AP.
Thanks
Anyway this is your decision guys, follow your instincts and advice from your attorneys.
I would say if it is not a emergency trip then postpone it till you get your (renewed) AP.
Thanks
I agree with thukralrk. Why do you take chances when it's not urgent. (If it's urgent, local BCIS will issue you AP.) I think your attorney's comment is stupid. She knows it's not going to work. You have to "argue" with an immigration officer to press your case. Do you want to try that?
http://www.murthy.com/ukpbadpl.html
Another common situation, not specifically mentioned in the INS memo but previously authorized in INS instructions, is if the I-485 application is approved after the applicant's departure from the U.S. In that circumstance, it is typical to grant deferred inspection, so that the person can go to the local INS office and obtain the permanent residency stamp in the passport.
Another common situation, not specifically mentioned in the INS memo but previously authorized in INS instructions, is if the I-485 application is approved after the applicant's departure from the U.S. In that circumstance, it is typical to grant deferred inspection, so that the person can go to the local INS office and obtain the permanent residency stamp in the passport.