AP Question Please Please Help

G

goldrainafterGC

Registered Users (C)
Myself and spouse got approved on April 10th(I 485). But my son is not yet approved. Now we need to travel urgently. We spoke to VSC and they said they cannot tell when the approval will come. They also said it will take 2-3 months to get AP. We can't wait that long. It is an emergency.

My question is

1) Can we apply for AP and leave the country before it getting approved? We can ask some friends to mail the AP to India when it is approved. Any way we will be staying there for 3 months.

2) What will happen if I 485 is approved before AP ? Can he enter US ? We already have our passport stamped. So is he still in H4 status or he has lost that status?

Any help will be appreciated.

Thanks in advance
 
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My question is

1) Can we apply for AP and leave the country before it getting approved? We can ask some friends to mail the AP to India when it is approved. Any way we will be staying there for 3 months.

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As you know AP is for re-entry, so you can always apply for AP and go to India. It is slightly risky if there is some unforeseen problem in the AP approval. If it comes through there is no problem, someone can fedex to your address in India.

But I suggest you go to INS local office and tell them that you are travelling next week. Last week some time I saw someone's posting doing a similar thing


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2) What will happen if I 485 is approved before AP ? Can he enter US ? We already have our passport stamped. So is he still in H4 status or he has lost that status?

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Actually I asked this same point with my attorney. He told even if ur 485 is approved there is no problem to re-enter with AP.


Good Luck.
 
go for Walk-in AP

local offices are supposed to give you same-day walk-in AP in case of emergency.
Take a proof of an emergency, filled I-131, copy of your I485 receipt notice and check for $110 to a local office.

For more info search BCIS for Advance Parole
 
You need to have approved AP before you travel

Incorrect Info: !!!As you know AP is for re-entry, so you can always apply for AP and go to India. It is slightly risky if there is some unforeseen problem in the AP approval. If it comes through there is no problem, someone can fedex to your address in India. !!!

YOu must have AP approved before you leave the country otherwise it's considered your decision not to continue with the GC process and BCIS can deny the application. Search Murthy Chat for some of these questions.
 
Thank you for your responses. We went to Boston Ins and applied for AP. They gave the ticket. We waited for 5 hours to see the IIO. But he refused to give AP. He told me that i have to apply to VSC. I told him this is an emrgency. He said he had denied AP to a person who had to go to his country, since he has received a death message.
 
Dear Friend,

I had the same situation. I applied AP for my wife & son. My wife’s AP was approved on Apr 8th and my son’s AP was not approved and I got the RFE for my son. Then I went to the local INS office and they simply rejected this case. Then I immediately send the application by Fedex to VSC on Apr 24th and it was updated on Apr 30th. In the mean time my GC was approved on Apr 29th.


My advice is to call IIO and explain the situation. But don’t leave the country before approval. In any case if your GC is approved then they will cancel the AP automatically. Yesterday I called IIO and asked about my son’s AP and she said once the GC is approved the AP will be canceled automatically.

All the best.

see my postings
http://boards.immigration.com/showthread.php?postid=472383#post472383
 
Originally posted by goldrainafterGC
s

1) Can we apply for AP and leave the country before it getting approved? We can ask some friends to mail the AP to India when it is approved. Any way we will be staying there for 3 months.

Thanks in advance [/B]
Click to expand...

Departure from US before decision is made on an application for advance parole document shall be deemed an abandonment of the application.

It is ok on reentry permit or refugee travel doc .

DO NOT TRAVEL :D:D
DO NOT BELIEVE HALF KNOWLEDGED FELLOWS here.
 
goldrainafterGC

My advise is "Please do not leave US" without AP.

You take risk and goto India hoping someone will send AP:

Imagine a situation where your son's GC is approved before the AP. As GC is approved, AP application is automatically cancelled and your will not get the AP approval and hence, your friends cannot send it to you. His passport doesn't have the GC stamp either. How can he re-enter US?

I don't think they will let you in if you show your 485 approval notice (if your friends send this to you) at the port of entry without a stamp in your passport or plastic card.

Contact your lawyer before taking any drastic step.

Bob
 
Need help

Guys, what if one leave the country with approved AP and while he/she is outside GC is approved then in such case will that person get re-entry into this country? I mean does AP gets canceled in such situation?

Thank you in advance.
 
if one get GC approved while travelling outside usa, they can still enter with AP.

what bbbishop is trying to say is your AP might not be approved
(if one of your dependent gets GC) while you are away .
 
I meant processing of AP is terminated once your GC is approved. Once AP is approved, you can use it to re-enter US in its validity period irrespective of whether your GC is pending or approved.

My concern was, what if goldrainafterGC son's GC is approved before his AP approval. By default, the AP processing is terminated. When you are out of US, in this scenario, what will you do to re-enter US?

As 1amShantanuB said "Departure from US before decision is made on an application for advance parole document shall be deemed an abandonment of the application." Its a serious situation which might result in the poor kid staying away from his parents!!!!!!!!!!

Bob
 
Thank you guys and yes I very well understood what bbbishop said, I just wanted to know once AP is approved and person goes put of the country and then GC is approved, while he/she is away then does it cause any problem, but now my doubt has been solved.
 
Thank you all for your replies.

I spoke with my lawyer. She also says the same. We spoke with IIO and asked her if we come to Vermont will it be of any use. She told if we go there and produce a proof of the emergency situation, that may expedite the process of AP. But she can't gaurentee it.

There are certain things which are not in our control. So it is better to take AP in advance even if you are not traveling . This is my humble advice. Otherwise you may have to endup in a dielama like us. I didn't apply for AP earlier thinking that Boston is issuing same day AP. Suddenly rules have changed. This is really unfortunate.
 
consider going alone

Do not take your son out of the country with a pending ap (based on pending aos), consider yourself or spouse satying back with the kid here.
like others have said the app is considered abandoned (thats 485 and not ap) if you leave us without AP.
hope your urgency does not require the whole family to travel.
take care.
 
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