If I apply for AP while the green card is still pending, and I go out to US, will it be possible that if the AP is approved here in the US, can my sister just mail the AP to me?? so that I can enter to the US with AP, incase my H4 visa is no longer valid because green card is approved?
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Ap Status...
- Thread starter gcbeg
- Start date
If you leave the US before your AP is approved, you will (from a legal standpoint) not be able to use it to return to the US even if it is mailed to you. If your I-485 is approved while you are abroad, you should still be able to use your H4 visa to travel to the US and enter; it is not your fault that the I-485 was approved while you traveled abroad legally (i.e. with a valid H4 which means you didn't abandon your I-485 application). It is safer to use your H-4 visa than use an AP: an AP is only valid for reentry if it was approved before you left the US.
another thing
OKAY. Please, I will just make this clear cause there were a lot of answers and I was really confussed. So if my GC was approved while I am outside the country, I can still use my H4 visa to enter to US? (EVENTHOUGH IT IS NOT ALREADY VALID BECAUSE THE GREEN CARD WAS APPROVED). But what if I stayed in my country of origin for several months, and the GC was approved right after I left in the US for my country, will there be any problem/issues on that? cause the gc was approved several months ago? but H4 is still valid. Thanks jk0274 for the reply. It gives me hope because I am planning to continue college in my country..
If you leave the US before your AP is approved, you will (from a legal standpoint) not be able to use it to return to the US even if it is mailed to you. If your I-485 is approved while you are abroad, you should still be able to use your H4 visa to travel to the US and enter; it is not your fault that the I-485 was approved while you traveled abroad legally (i.e. with a valid H4 which means you didn't abandon your I-485 application). It is safer to use your H-4 visa than use an AP: an AP is only valid for reentry if it was approved before you left the US.
OKAY. Please, I will just make this clear cause there were a lot of answers and I was really confussed. So if my GC was approved while I am outside the country, I can still use my H4 visa to enter to US? (EVENTHOUGH IT IS NOT ALREADY VALID BECAUSE THE GREEN CARD WAS APPROVED). But what if I stayed in my country of origin for several months, and the GC was approved right after I left in the US for my country, will there be any problem/issues on that? cause the gc was approved several months ago? but H4 is still valid. Thanks jk0274 for the reply. It gives me hope because I am planning to continue college in my country..
Hold on - my answer above assumed you were out for a short time. It is an entirely different matter to be a US permanent resident and be out of the country for over 6 months, even if you have your green card with you. Entering the US with a non-immigrant visa many months after you have an approved green card is quite risky, actually, and depending on the immigration officer at the point of entry, is grounds for revocation of your permanent residency based on your "center of life". If I were you I would not try to enter on a visa but have your green card with you. Also, frankly, this is yet another case of wanting too much on your plate: The immigration officer can rightly tell you that if you don't plan to live in the US now, you shouldn't have applied for permanent residency now. As others have advised, you should contact an immigration lawyer, paying a consultation fee might be worth it to give you better advice.