Apply for Advance Parole in absence

G

gc_us_02

Registered Users (C)
Hi All,

I have a unique situation. I am currently on H1B which is expiring in December, 2005 and will be applying for EAD/AP for my self in about a month.

My daughter is currently on H4 which is also expiring alongwith my H1B and is currently in India.

My question is:

- Whether I can apply for Advance Parole for her while she is in India?
- Whether she can come here on H4 before it expires and leave again with the
Advance Parole (assuming it will be approved by the time she plans her
trip)?

Is anyone in this situation before?

Any inputs would be appreciated.

Thanks
 
gc_us_02 said:
Hi All,

I have a unique situation. I am currently on H1B which is expiring in December, 2005 and will be applying for EAD/AP for my self in about a month.

My daughter is currently on H4 which is also expiring alongwith my H1B and is currently in India.

My question is:

- Whether I can apply for Advance Parole for her while she is in India?
- Whether she can come here on H4 before it expires and leave again with the
Advance Parole (assuming it will be approved by the time she plans her
trip)?

Is anyone in this situation before?

Any inputs would be appreciated.

Thanks
Click to expand...
NO -- you cannot apply for AP "in absentia"

The person must be physically present in the US when applying for AP
--AND--
must be present here in the US when the AP is approved for it to be valid.

You need both conditions to be satisfied.

Your best course of action is to:
Have your daughter come here, then apply for her AP and after approval she can leave with the approved AP.
 
max2k1 said:
NO -- you cannot apply for AP "in absentia"

The person must be physically present in the US when applying for AP
--AND--
must be present here in the US when the AP is approved for it to be valid.

You need both conditions to be satisfied.

Your best course of action is to:
Have your daughter come here, then apply for her AP and after approval she can leave with the approved AP.
-Also if you file/get extension of H1 status then your daughter can also get new H4 Visa stamp based on your new H1 extension and can enter with H4 visa
Click to expand...
 
Hi max2k1,

Thanks for your reply.

I did see on USCIS web site that USCIS is insisting for a person to leave the country only after the advance parole is apporved.

But I did not see anywhere that USCIS is insisting that the person to be physically present here to apply for it.

On the application for I-131 Part 8: it clearly says only for Reentry Permit and Refugee Travel Document one should be phsically present in the country and it omits Advance Parole document in it.

Can you guide me to some documentation where it might have listed this requirement?

Appreciate your help.


max2k1 said:
NO -- you cannot apply for AP "in absentia"

The person must be physically present in the US when applying for AP
--AND--
must be present here in the US when the AP is approved for it to be valid.

You need both conditions to be satisfied.

Your best course of action is to:
Have your daughter come here, then apply for her AP and after approval she can leave with the approved AP.
Click to expand...
 
gc_us_02 said:
Hi max2k1,

Thanks for your reply.

I did see on USCIS web site that USCIS is insisting for a person to leave the country only after the advance parole is apporved.

But I did not see anywhere that USCIS is insisting that the person to be physically present here to apply for it.

On the application for I-131 Part 8: it clearly says only for Reentry Permit and Refugee Travel Document one should be phsically present in the country and it omits Advance Parole document in it.

Can you guide me to some documentation where it might have listed this requirement?

Appreciate your help.
Click to expand...
See the AP Form
Go to page 4 in the PDF file -- read the 2 paragraphs under section A and B

If you want AP based on pending AOS application you need to be present here to apply.

If you are outside, you can only get "humanitarian" parole -- which is only for extreme cases.

Cool ? :)
 
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