** Apply for AP while outside US? **

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fast_gc_seeker

Registered Users (C)
Mine and my spouse 485's are pending. We've valid AP's until mid of 2006. We plan to leave US in Sep 2005.

While we are physically outside US, if one of my freinds applies for AP [before expiry of our current AP's] can we use it to enter back?
[our friends will mail the new AP's to our Indian address].

Is there any law which states that AP applicant must be physically present 'inside' US when he/she apply for AP?
 
pralay said:
Not only that, person cannot leave before approval if he/she intends to use very same AP for re-entry. Basically, I cannot apply AP in USA and then leave before approval.

Here some articles about AP:
http://www.murthy.com/news/n_favint.html
http://www.murthy.com/news/ukpbadpl.html
Click to expand...

I think there is some confusion in understanding our situation and hence I'm stating it here again. This is AP renewal and not fresh AP application question.

My wife currently in India and has valid AP until Apr 30, 2006. Can I apply for her AP in Jan 2006 [when she is outside US]? She can then enter US before Apr 30, 2006 and leave with the new approved AP. I would like to do this to save time so that she can spend minimum time in US

AP rules only states the following [ http://immigration.com/faq/advanceparole.html ]

"Aliens must be approved for Advance Parole before leaving the United States"

It dosent say I cannot apply for my wife's AP while she is outside US. Infact Part 2 of I-131 asks "are you applying for AP of somebody who is outside US"

So Can I apply for her AP in Jan 2006 [when she is outside US]?

Gurus post your comments urgently.
 
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Urgent please reply.. i need to travel ..

I appreciate if any one who knows pl reply to this email,


Thanks!
-majeed
 
fast_gc_seeker said:
I think there is some confusion in understanding our situation and hence I'm stating it here again. This is AP renewal and not fresh AP application question.

My wife currently in India and has valid AP until Apr 30, 2006. Can I apply for her AP in Jan 2006 [when she is outside US]? She can then enter US before Apr 30, 2006 and leave with the new approved AP. I would like to do this to save time so that she can spend minimum time in US

AP rules only states the following [ http://immigration.com/faq/advanceparole.html ]

"Aliens must be approved for Advance Parole before leaving the United States"

It dosent say I cannot apply for my wife's AP while she is outside US. Infact Part 2 of I-131 asks "are you applying for AP of somebody who is outside US"

So Can I apply for her AP in Jan 2006 [when she is outside US]?

Gurus post your comments urgently.
Click to expand...
Gurus, any comments on my question?
 
fast_gc_seeker said:
Gurus, any comments on my question?
Click to expand...


http://www.murthy.com/news/n_stanew.html

It says extension should be filed while applicant is in the US, but as you said, I131 has check box for filing for somebody staying out of the US. I'm wondering how it works. It is asking for name, address etc of the person whom you are filing AP for, but there is no item asking for this person's A#.

This might be for the case that is described in "A. If you are outside of the US and need to visit the US temporarily for emergent humanitarian reasons" of page3 of I131 which is so called humanitarian parole( it is for the person who needs to come to the US for humanitarian reason, but can not obtain visa. AP is not only for AOS pending). If it is the case, it may not be applicable for you.
 
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is there any law which says the person has to be physically present in US to apply for extension of AP? If yes please send me links.
 
fast_gc_seeker said:
is there any law which says the person has to be physically present in US to apply for extension of AP? If yes please send me links.
Click to expand...


Unlike EAD there is no extension of AP. Every time AP is new. There is renewal.

You cannot apply for Parole because Parole is given to some one who is your custody. Check the dictionary meaning of Parole. They ask for copy of current I-94 that is only to confirm that you are in US.

http://uscis.gov/graphics/lawsregs/admindec/O/2000/Mar2000_01O223.pdf

http://uscis.gov/graphics/lawsregs/admindec/O/2000/Apr1000_03O223.pdf
 
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fast_gc_seeker said:
Mine and my spouse 485's are pending. We've valid AP's until mid of 2006. We plan to leave US in Sep 2005.

While we are physically outside US, if one of my freinds applies for AP [before expiry of our current AP's] can we use it to enter back?
[our friends will mail the new AP's to our Indian address].

Is there any law which states that AP applicant must be physically present 'inside' US when he/she apply for AP?
Click to expand...

What is your whole purpose of applying for AP outside the country? You guys plan to leave US in Sept 2005. When are you planning to come back? Is the second AP for subsequent travel once you return back?

The reason I ask is, you can apply for second AP while your first AP is approved and pending. The only hitch is, you have to apply while in US. Check this article.

http://www.murthy.com/news/n_favint.html
 
You have it be in US

I have had 3 APs and I have used them extensively for travelling. I can not take the risk of being held up at the POE and not being allowed into USA, as I am the primary. Leaving USA without the proper AP (or without a valid visa to re-enter) will result in abandonment of AOS. So it is a risk. This is what my lawyer says. You have to be in US- both on the day of application and on the day of approval. I don't know the link. The same form I-131 is also for re-entry permit for gc holders. those guys (gc holders) can receive their re-entry permit while outside the USA, not AOS people.
 
fast_gc_seeker said:
is there any law which says the person has to be physically present in US to apply for extension of AP? If yes please send me links.
Click to expand...

I do not remember if I saw it as law, but I131 form clearly says
if you depart before AP is issued, you are considered to abandon the application.
 
tammy2 said:
Unlike EAD there is no extension of AP. Every time AP is new. There is renewal.

You cannot apply for Parole because Parole is given to some one who is your custody. Check the dictionary meaning of Parole. They ask for copy of current I-94 that is only to confirm that you are in US.

http://uscis.gov/graphics/lawsregs/admindec/O/2000/Mar2000_01O223.pdf

http://uscis.gov/graphics/lawsregs/admindec/O/2000/Apr1000_03O223.pdf
Click to expand...
Thx tammy2 for these links.

So this means even for AP renewal the applicant has to be physically present in US right?
 
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