AP question

D

dudeMyGC

New Member
My AP is valid till July while an application for new AP was already filed in April. I need to travel overseas in June. Will it be a problem if the new AP is approved while I am out of the country ?
 
Shouldnt be as long as you enter the country before your first AP expires.

But let me warn you that this is a highly controversial topic on this forum. Search the archives to hear both sides of the story. And definitely discuss it with your lawyer.
 
The controversy is in regard of the second (currently pending) AP. The rules stipulate (well, in my interpretation, anyway) that any pending AP will be deemed abandoned if the beneficiary leaves the country, but we've seen a number of examples when it simply does not happen. In your case, if you return before the previous AP expires, it does not really matter. If the second AP gets denied, you just re-file I-131 again.

Traveling while the previous AP is valid should not be a problem, as 140_takes_4ever points out. If you are not subject to 3 or 10 year bar, that is.
 
The thumb rule is that you must the use the same AP that you are taking with you while leaving USA. If your 2nd AP is not approved before you leave USA, you cannot use that for reentry. Basically you need to come back within July - before 1st AP expires. Nowadays CSC is approving AP pretty fast. My wife got her AP within 2 weeks (took one more week to get AP by mail) in December 03. In this forum I noticed most of the AP application got approved within a month. Hopefully you will get it approved before June.
 
My lawyer just replied to me saying that I should not face any problems coming back in as long as my current AP has not expired. Thanks everyone for quick responses.
 
wac03-148 said:
You will find the relevant information here:

http://www.murthy.com/news/n_favint.html

Basically, you can travel with your approved AP as long as you come back before it expires. The fact you have a second AP pending shouldn't be an issue.
Click to expand...
Thanks for the link. It definitely clears the air. I tend to go with BitterMan's thought process on AP being invalid if you leave the country. But at the same time the logistics seem unsurmountable, and hence difficult to implement. This opens the loop hole that people can travel inspite of pending AP's. But it is good to have INS throw light on this issue and clarify a so far 'grey area'. People can now confidently leave and enter the country inspite of having a pending AP.
 
Folks,

My online case status says that my new AP got approved today. Too bad I have to leave tommorrow. You think it is still OK to use previous AP valid thru July ?
 
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