AP Renewal applied. Can i travel with old AP still valid?.

P

priyar

Registered Users (C)
Hi,
I have my AP valid till Jan 20. I am applying for renewal now. I have to leave to India on Dec 25. If i don't get my renewal AP, is it ok to travel before it comes?. Also, if it comes, can i ask someone here to courier to me and come back in new AP return ing after Jan 20.

Please advise.
Thanks
priya
 
You can travel to India on Old AP while your new AP is being processed.

But you cannot come back post Jan 20th on your new AP even if you get someone to courier it.

You need to come back on your OLD AP ,n that is before 20th

The law states that if you travel outside wheil an AP is being adjudicated you effectively abandon the application, so in this case you will be doing that if you use the new AP to return and since the new AP was not yet approved when you left the country.

But wait for the lawyer Niladri to give you the exact advice, if he doesn't see this post send him a mail directly :D
 
Thanks for your reply. So, before i leave in Dec 28th,

Thanks for the reply. So, before i leave in Dec 25, if the new AP is approved then i can return in that after Jan 20 correct?.

This is ridiculous AP is taking now more than 4mths. My only hope is that it will come before i leave by Dec 25th.

Thanks
priya
 
Does this also mean i can't travel outside until the new AP is approved?.

Though my old AP is still valid.

Please let me know your reply.
Thanks
 
Re: Does this also mean i can't travel outside until the new AP is approved?.

Originally posted by priyar
Though my old AP is still valid.

Please let me know your reply.
Thanks
Click to expand...

You can travel outside US using your existing AP making sure that your trip ends on or before 20th Jan.
 
Re: just bringing this thread up...

Originally posted by priyar
Can someone reply ?
Thanks
Click to expand...
Dude,

It is SUNDAY evening, don't expect rapid responses on weekends.
before i leave in Dec 25, if the new AP is approved then i can return in that after Jan 20 correct?.
Yes you can!
 
I beg to differ..

Priyar,

I beg to differ from the above folks..

My wife left US on May 6th with a valid AP (expiring May 14th). She couldn't return before May 14th. Since I had applied for her AP renewal on April 16th (approved August, 11th after RFE). Since I was here to receive the approval papers, take the same to her overseas, she was able to get back with the new AP (no questions asked about old/new AP).

Please refer to below link on Murthy's website (particularly on deferred inspection).

.http://www.murthy.com/ukpbadpl.html

It is apparent from above article if you leave due to emergency reasons it is ok.

Good luck,
R
 
If the inspection is deferred due to a pending I-131 or expired I-512, the immigration office conducting the deferred inspection should review the status of the application and then decide whether to continue or terminate the pending I-485; to request the applicant to re-file or, when appropriate, to place the applicant in removal proceedings.
Click to expand...

The changes of getting deferred admission are very high if INS checks I-94 records and compares them to AP expiry dates. You sure you want to take the chance of deferred admission based upon the above criteria? The chances are EXTREMELY high that you will be asked to re-file AOS! And all this for an AP? Apply for eAP in an emergency but don't take ANY chances with deferred admission
 
You must log in or register to reply here.
Top