Can she be deported back?

S

sshah1001

Registered Users (C)
Hi,

My wife is stuck in India and could not come back before expiry of her AP because she got pregnent and doctor advised her against air travel.

Her new AP has got approved only yesterday. I am yet to receive it. Now, question is that whether she can come here using her new AP. The rule says that you have to be here in US when your AP gets approved.

I want to know that if a person with such a genuine reason comes to USA with a new Advance Parole, she can be deported back becase she was not in US when that AP got approved?

Has anybody experienced or heard this type of incident where person was deported back.

Please let me know ASAP. We have very limited time as after one month, my wife will not be able to travel even if she has valid document to travel.

Thanks in Adv.
 
The best option would be to contact the nearest US Consulate and explain the situation to them. In the meanwhile if you get the latest AP, you should send a Copy (one of the originals) to her.
I am sure the US Consulate can do the needful, so that she can re-enter the US again.
 
Originally posted by rg585
The best option would be to contact the nearest US Consulate and explain the situation to them. In the meanwhile if you get the latest AP, you should send a Copy (one of the originals) to her.
I am sure the US Consulate can do the needful, so that she can re-enter the US again.
Click to expand...

Hi rg585,

Do you mean nearest US consulate here?

Today, I called Homeland sec.dept here in US and explain them the problem. The officer was nice and he said that if my wife will product genuine documents and reasons, there should not be a problem.

Thanks for your time.
 
latest approved advance parole document is invalid as she is not present in usa at the time of approval.

as she has a genuine reason she can go the nearest consular office with supporting letter from the doctor etc. mostly they may issue a temporary travel permit which is valid for appox 1 month and enter here.
 
The nearest US Consulate in India. Its better to get something done in India. It finally boils down to the person who actually handles her case and how sympathetic they are.
 
Overstayed I-94 Time period , need Help!

I have a couple of Question in ref to My Mother Visa :

She overstayed her Visa by 12 months and the reasons is because she fell Sick and had to have an Emergency Surgery done here in the USA after the Surgery she realize she already overstayed and was not well enough to travel back to her home Country , but she did eventually , it been almost 3 yrs now and want to visit the USA again and was concern if her 12 mths overstay would cause any problem at the POE ?

Her reason for visiting is for medical treatment , I have a letter from her Doctor stating her appt date and a breif reason why he is seeing her , would that letter help her if any question why is she visiting after overstaying 12 months previously 3 yds ago ?

I would like her to be here in June of this year but wanted to be sure that she would not get rejected at Miami POE when entering

Any suggesstion would greatly be appreacited .

She has a 10 yds mulitple Visa .
 
saigc -you are wrong, And I have personal experience to prove that you are wrong. Please dont give wrong advice.
There is no rule which states that in order a AP to be valid the recipient has to be in US.
The bulletins issued by CIS about AP applicants wait for the approval before leaving US is all about people who have other issues an make up stories at the US consulate...

Ashton- please dont tag to something unrelated..
With a 10yr visa and dr appt, miami POE will not dare to reject entry.
 
Hi Jaxen and all others,

I am really more confused now because, some people say that it will be a risk to try bringing in my wife on a new AP as she is not here when it has got approved.

Jaxen, can you please send me link of other posts here wherein person was allowed to enter in US in a similar situation.

Also, I did not inform that my wife tried to get her H4 in India as her AP was getting delayed. For her H4, us consulate in India did her fingerprinting (strange) and told her to wait for 3-4 weeks for the result. She recently called consulate to know the status. They said it may take another 3-4 weeks.

So, in such as case where fingerprinting is pending, is it advisable to travel on AP?

Please share your experiences and also other's.

Thanks in Adv.
 
Look at this link.

Originally posted by jaxen
saigc -you are wrong, And I have personal experience to prove that you are wrong. Please dont give wrong advice.
There is no rule which states that in order a AP to be valid the recipient has to be in US.
The bulletins issued by CIS about AP applicants wait for the approval before leaving US is all about people who have other issues an make up stories at the US consulate...

Ashton- please dont tag to something unrelated..
With a 10yr visa and dr appt, miami POE will not dare to reject entry.
Click to expand...

I think Jaxen u r mistaken. Even if someone is allowed by mistake, it doesn't maketh the law.

http://uscis.gov/graphics/services/emergency/index.htm
 
Hi all,

My wife called US consulate in Mumbai and they told her that she cannot leave India now even on Adv.Parole while her fingerprinting result is still pending. Here, I contacted local Sanator. He said fingerpringing is pending here in dept. of state, Washington.

Is there any way I can contact people in Washington to expedite fingerprinting?

Thanks guys for your time. I am now on mercy of fingerprinting results. It sucks :mad: :mad: :mad:
 
jaxen

sorry to differ from you. one should be in usa from the filing date of advance parole until it is adjudicated. if the person leaves before approval it is considered abondoned. in this case the person may enter only based on h1 or some visa if they have.

your personal experience is purely by luck and the mistake of uscis. yours is exceptional case. still this may pose a problem later eventhough its uscis mistake. exceptions are not examples.
 
As I said before, there is a desparate need for formal clarification on this.

Consider the following scenarios:

1. Person gets AP, leaves the country and re-enters before it expires.

2. Same as 1., but there is an AP renewal pending that is approved whilst the person is out of the country.

3. The person has an unexpired AP when they leave the country, but this expires whilst they are away. However, their renewal was pending and the new copy is sent to them somehow and they use this for re-entry.

4. The person leaves the country without AP, but having applied for it. It is approved whilst they are away and they use it for reentry.

5. The person tries to travel without AP at all.

Obviously case 1 is perfectly safe, and the notes on the I131 form state that cases 4 and five are not - i.e. you will be considered to have abandoned your AOS appliacation. However, what about cases 2 and 3? In particular, scenario 2 affects lots of people who travel reguarly, and it has been suggested on these forums that the new AP will in fact be invalid in this case.

The whole problem is that AP originated as an extraordinary means to allow unforseen emergency travel. It is simply not compatible with a 21st-century world in which international travel is very common.
 
forgetting the main issue.

Originally posted by dms
As I said before, there is a desparate need for formal clarification on this.

Consider the following scenarios:

1. Person gets AP, leaves the country and re-enters before it expires.

2. Same as 1., but there is an AP renewal pending that is approved whilst the person is out of the country.

3. The person has an unexpired AP when they leave the country, but this expires whilst they are away. However, their renewal was pending and the new copy is sent to them somehow and they use this for re-entry.

4. The person leaves the country without AP, but having applied for it. It is approved whilst they are away and they use it for reentry.

5. The person tries to travel without AP at all.

Obviously case 1 is perfectly safe, and the notes on the I131 form state that cases 4 and five are not - i.e. you will be considered to have abandoned your AOS appliacation. However, what about cases 2 and 3? In particular, scenario 2 affects lots of people who travel reguarly, and it has been suggested on these forums that the new AP will in fact be invalid in this case.

The whole problem is that AP originated as an extraordinary means to allow unforseen emergency travel. It is simply not compatible with a 21st-century world in which international travel is very common.
Click to expand...

Considering that AP approval takes 5-6 months, there is a very good chance there would be a pending AP, while one is using the current AP for travel and return.

My wife had a pending AP, she obtained an interim and used it travel and reenter without any issue. I have seen posts from other people who used interim AP to travel [technically not interim but an alternate AP] while their original AP was pending.
 
Hi Guys,

My wife's fingerprinting is cleared.

Now, my question is that if she comes on Advance Parole, can she be deported back from US. Please read my post and let me know guys.

Thanks,
 
sshah1001

I really do urge you to contact a good attorney and seek their advice before your wife tries to travel.

Incidentally, your wife couldn't be deported since you have to have been admitted before you can be deported. The worst that could happen is that she is refused admission, and I think there is also an option for the officer at the point of entry to allow someone to withdraw their request for admission. This may all sound rather pedantic, but I'm sure it effects what is recorded on your immigration record which could have major significance in the future.
 
Hi guys,

I talked with two officers again on today at Detroit and both said that if she has a valid advance parole document, she should not face any problem at the POE even though she was not here when her new AP got approved.

Thanks,
 
Re : sshah1001

sshah1001
Don’t get so worried, the officer is correct ,recently in Jan my cousin’s had come to US on new AP , Which got approved when they are in India ………
All the best
Thanks
Shashi
I485 ND 09/26/2002
I485 Ad ??/??/????


Originally posted by sshah1001
Hi guys,

I talked with two officers again on today at Detroit and both said that if she has a valid advance parole document, she should not face any problem at the POE even though she was not here when her new AP got approved.

Thanks,
Click to expand...
 
Thanks Shashi. I talked to another Officer today in NY and he also said the same thing. But, in India one of the travel agent told my wife that on a new AP, they will not allow her to travel from India only. Anyway, I sent a new AP to my wife and she is actually going to the consulate to show the new AP just for confirmation.
 
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