EMERGENCY: got leave for India early morning...please respond

W

waiting_2002

Registered Users (C)
Hello

sorry, it's an emergency. There is a death in the family, we got to fly early the morning. We do have I-131 valid till May 2005. But the problem is our I-485 got approved yesterday. So we haven't yet received the notices and not yet stamped.

I remember someone telling somewhere in the thread that once I-485 gets approved, the I-131 (advance parole) becomes invalid. Is this true ? Please someone clarify it is ok to fly out of the country without stamping our passport.

Your help is greatly appreciated.

thanks
 
Sorry to hear that.

But I would think, if you explain the situtation on your return you should be able to reenter.

However, would it be possible for you to call your lawyer first thing in the morning?

PM
 
i also read somewhere in this forum about the Deferred inspection mode of entry (when 485 is approved but not stamped and you are entering on APD) -- ask the lawyer if possible though - that is the best avenue.

if you are on the west coast (assuming CSC), east coast lawyers will be up and working 3 hrs earlier than pacific time... may help.
 
Should not cause any problem

Sorry to hear that! But don't worry about re-entry. You should be able to reenter using your AP although your I-485 has been approved. I know someone who traveled outside the US (to UK) after he received the I-485 approval notice, but before he did the passport stamping. He re-entered using AP without any problem. Ask someone to Fedex the approval notice to India and carry the original approval notice with you during reentry. The ADIT processing might be done at the port of (re)entry.
 
If possible go to stamping early morning tomorrow

Use the print out from website approval. If you go early in the morning(3AM or something). U might need to wait for 4 yrs before opening, but you can be back as soon as they open. Talk to the officer, show them the print out of approval notice/email notice(if u recd it), and show them ur itinerary.

U can give it a try..if not I heard that u can use AP too...
 
You can use AP as long as you do not get ur passport stamped. In that case you can use your passport.
I know this because my lawyer told me that in case I need to travel due to emergency I can use the AP.
My condolences.
 
gcWAC127 said:
You can use AP as long as you do not get ur passport stamped.
Click to expand...

Not true at all. The AP is invalid when the I-485 is approved.

However in the case that you receive approval a day or two before your departure I don't think there will be a problem re-entering with AP considering the extenuating circumstances.
 
Isn't this the same case of I-485 being approved when you are out of USA ? In that case I know you can safely enter with AP. Talk to your lawyer.
 
mango_pickle said:
Isn't this the same case of I-485 being approved when you are out of USA ? In that case I know you can safely enter with AP. Talk to your lawyer.
Click to expand...

The difference is whether you are in the US at the time of approval or not. Both my attorney and the Dallas USCIS office told me that the AP is invalid after 485 approval. But if you're traveling on the day or the next day of approval it is unlikely you will have trouble using the AP. For that matter I think USCIS will probably overlook even a week to account for postal delays.
 
Recently I did my passport stamping at service center with online approval status printout. I am yet to receive my approval notice in mail. Service center location is Memphis. You may give a try.
 
Explain the situation to the service center, they will expedite the case. This is fair grounds for an emergency and you have already been approved.
 
Sorry to hear that and hope you have a safe journey back home provided lots of rain in some part of india right now.

I don't think AP is invalid immediately once 485 is approved. If it gets approved the same day you are leaving...nothing you can do.

I won't worry much about AP/485 right now. Maybe you can just get your online approval notice printed and keep with you, when you return.
 
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