AP Question

B

bankebihari123

Registered Users (C)
Here is my situation...
My Second AP will expire in Dec End....
I am planning to go out of the country in Nov and come back in Dec begining.....
Can I apply for my renewal AP before I go on the vacation....or
should i be inside the country when the AP is being processed....
 
I believe that you will be abandoning your pending AP renewal application if you leave the country. Since your current AP will not expire until a couple of weeks after your planned return, I would use it for reentry and then apply for the renewal. Based on the information provided, that is. If there is more to it, the advice might be different.
 
Re: is it true?

Originally posted by bekleha
Does leaving the US based on current AP abandon pending AP renewal?
Click to expand...

Yep. It does not really matter whether you have a valid re-entry document at the moment of leaving or not.

To generalize, leaving the US while Advance Parole, Change of Status, or Extension of Stay application is pending will effectively render those applications abandoned.
 
for bitterman

Hi,

I was not able to find the other thread where we were discussing about my friend's case. Just to recap

Friend applied for AP renewal in April,
Had to travel for family emergency in early May
Her existing parole expired in mid May while she was in India
Her husband waited till her renewed AP arrived and left for India


All of them returned recently and fortunately had no problems at all at Port of Entry. I wanted to update that thread with this info but was nto able to locate it.

The above might be due to sheer luck but thought it might be useful to post the experience.
 
harac,

I remember they were having a couple of options how to come back (including, but not limited to using the post-leaving approved AP). Do you know what kind of entry document they were using?

***

An exception to a rule just proves the rule right. The I-131 form states that the application will be considered abandoned and subsequently denied if the person for whom it was made out will leave the country while the application is still not adjudicated. Perhaps, the information about the person leaving the country did not reach the desk of an adjudicating officer in time. So the AP got approved. But would a reasonable person rely on this kind of consequences? Heck no!
 
They used the AP to get in. That is all they had. They did not take the H visa approach.
 
But H1 people can leave while AP is pending. It does not have to be relevant but it is strange.
 
Originally posted by harac
They used the AP to get in. That is all they had. They did not take the H visa approach.
Click to expand...

Ah, brave souls. Anyway, I am glad that things worked out well for them.
 
BitterMan,
Originally posted by BitterMan
I believe that you will be abandoning your pending AP renewal application if you leave the country
Click to expand...
This is not true.
I travelled out of US for around 3weeks using a valid AP which was about to expire in couple of months.
And before leaving the country I applied for the renewal of AP which got approved while I was away.
Couple of my other friends have also been in the same situation and never had a problem.

bankebihari123, I think you are safe to go.
 
Bitter Man

Not true, I have travelled on AP last year and this year for abt 6 times and from the 4 time onwards Nov 2002 till Feb 28 I had my second AP that was applied and was being processed.

I got my second AP approval on April , so net net you can travel outside the country as far as you have a valid AP and your AP renewal if applied will continue to be processed. My lawyer has confirmed this

Another story that INS lost my AP renwal approval in the mail :D:D
 
Re: Re: is it true?

Originally posted by BitterMan
To generalize, leaving the US while Advance Parole, Change of Status, or Extension of Stay application is pending will effectively render those applications abandoned. [/B]
Click to expand...

Friend's AP got approved when out of US.
 
What can I say, guys? Only to repeat an excerpt from I-131 instructions:
Effect of Travel Before the Travel Document is Issued
Departure from the United States before a decision is made on an application for a reentry permit or refugee travel document does not affect the application. Departure from the United States or application for admission to the United States before a decision is made on an application for an Advance Parole document shall be deemed as abandonment of the application.
Click to expand...
Would I rely on singular cases when AP's were approved while an applicant is out of the country? No. Would I rely on singular cases when AP's were approved when an applicant left and re-entered during pendency of the AP application? No. The instructions are crystal clear on this and I tend to interpret them in a straightforward way: you leave - you abandon. No matter if you have means to return.
 
Agree with BM on this one! The law is VERY explicit and plain, there is no cause of mis-interpretation.

Not to discount the theory that it doesn't matter very much, the reason for which is BCIS doesn't know how to connect the dots. They probably still don't have software to do these validation checks.

Code: 
If (Renewal of AP Filed && AP not approved)
    {
         If (I-94)
         {
            REJECT renewal of AP
            Mark AP for abandonment
          }
    }
 
Originally posted by BitterMan

The instructions are crystal clear on this and I tend to interpret them in a straightforward way: you leave - you abandon. No matter if you have means to return.
Click to expand...

Bitterman, I think you are interpreting the wrong line. Just read the first line and that's what relates to the question put up on this thread.

The 2nd line is talking about abandonment of the AP on a different scenario.
 
Last edited by a moderator:
Originally posted by nimatramatra01
The 2nd line is not talking about abondonment of the AP but of the other application.
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nimatramatra01,

Does that mean the second AP will be invalid on receipt, if the applicant was out of the country when it was approved? Could you clarify that please?
 
Originally posted by nimatramatra01
...I think you are interpreting the wrong line...
Click to expand...

I'm not sure what do you mean by this. Could you please provide the full "lines" which I "wrongly interpret".
 
hi

to let u guys know my experience...

I had an AP which was expiring march 31st and i had to go to india in january and live there for two months

So i applied for a new AP.....and it was applied in november

I went to india in january with all my legal documents. They approved my AP when i was in india in february. Well i returned on march 19th i.e. b4 the expiry of my first AP......but my application was not considered abandoned....
 
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