AP TROUBLE! - Son\'s application pending while Primary Applicant & wife approved!!!

H

Hope99

Registered Users (C)
Hey guys,

I\'ve a situation. My brother and sister-in-law, got approved for their AP, but 4yr old son is still pending approval for AP. They applied for him on the 4th of Dec and AVM only says they recieved the application and a decision will be mailed to u soon. Sister-in-law and kid need to travel to india on the 12th of this month. Would it be ok to travel without his advance parole and then my brother can take it with him when he travels on the 1st of feb, once it gets approved? Please advice, your input is greatly appreciated.

Good luck
Hope99
 
I think it should be fine

If they have valid H4 it is even better. But they should not have any trouble if your brother takes it with him. The other option is to go to the local INS and get AP. It would not take much time I think.
 
No Title

Hi don\'t care,

Thank you for your response. Unfortunately they do not have a H4 stamped on their passport. I wasn\'t sure if we could travel without AP as i had read a couple posts that one should not take a chance. We haven\'t crossed 60days, would it still be ok to the local INS to get AP? Please advice.

thanks for ur input
hope99
 
No Title

I had travelled without AP. But I had H1 and my wife and kid had H4. So, I never experienced any trouble. But if they have valid H4 papers, it is fine they can get it stamped in the home country. I did get it stamped in India when I went, I had applied for 485 and had no receipt or AP/EAD. And I am not aware of any 60 days rule for AP. I think there is a 90 day rule for EAD. But even if it is there you can pay the $95 for a fresh application and get the AP in local office. It wont be connected to the application sent to VSC. I guess that is how it works. Good luck.
 
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