Emergency Help regarding AP

[panzr_ldr]

Calling All Immigration Gurus

Need some advice from the resident experts on this alias

I am planning to travel outside the US using an Advance Parole (AP) this summer. My 485 application has been pending for over a year (PD 2002 @Nebraska SC, EB3). However my priority date has regressed (EB3) so my 485 application has been stalled for the time being.

My question is: Is there any risk associated with the 485 application being approved when I am in India? If this happens will I be allowed back into the US? i have heard a horror story where if the 485 was approved , the petitioner had to return to India for the stamp on the pass port before returning.

One of our attorneys has said that it perfectly fine to travel since the 485 application is in “hibernation” while she is out of the US. Another attorney advised us not to travel if “you are close to the 485 approval date”? Who is right? Could someone advise us what is the right approach in these circumstances

sleepless in san jose

 

[dms]

Don't worry unless you think there is any chance of your I485 being denied.

If it is approved in-absentia then the worst that could happen would be that you get admitted on a deferred inspection which means that you won't be properly admitted until you have got the GC stamp. With AOS, passport stamping is performed in the US. Therefore there is no chance of anyone being sent back to an overseas destination for stamping. If on the other hand, your I485 is denied in-absentia then your AP will be immediately invalidated and you will be refused reentry.

 

[rpolepalli]

One of my friend's 485 is Approved while he is in India. well he travelled on H1 though. He got a warm welcome from Immigration officer at airport, saying "your GC is Approved,welcome to United States". He came to know about his Approval at that moment only.

 

[panzr_ldr]

Thanks Guys. I should add though that I do NOT have a valid H1 visa (at this time), the only valid travel document I will have is the AP (once it arrives).

Also what's the deal with this "deferred inspection"? Does it mean that I am provisionally admitted and I have to go to the local office for some review?

Thanks again, this alias rules!!

Panzer_leader