emergent trip without approved AP ? Please advise

G

guestusa

Registered Users (C)
Hi, there,

I need an emergent trip back to my home country, however my emergency AP with VSC is still pending, and the expedite request of my AP process with FAX receives no response from VSC.

I heard of we are not supposed to travel without approved AP on hand, it is taking risking when coming back at POE. and if that is the case, the I-485 is regarded abandoned. My question is does anyone have any successful travel experience without AP before leaving US then have a later-approval AP to enter US(say have someone mail the AP to home country) ?

The reason I am asking is I really have to start this emergent trip. Is there any other options I can turn around ?

Please help me out ASAP , thanks a lot !!!!!!!
 
1. You need an approved AP- before you go out of US- no way around on that.
2. You can go to local office for AP. If you have an emergency- they issue it pretty quickly.
Good Luck.
 
thanks, sb_tiger

sb_tiger said:
1. You need an approved AP- before you go out of US- no way around on that.
2. You can go to local office for AP. If you have an emergency- they issue it pretty quickly.
Good Luck.
Click to expand...
 
yes i agree with the tiger!

Give one more try to the local office. You did not mention what is your current status. Anways.. once leaving you have to surrender your I-94 and i am pretty sure they'll come to know if you have left the country.

Therefore, don't take any chances.
 
Isn't there a section in the AP form where you can get the AP issued at a local consulate abroad, you might want to check that option.

joyd
 
I went without AP to India in Jan (it's already been 5 months since I applied for AP), as I have to go. I took somewhat risk and do not even have valid H1 stamp to return. I gathered all important docs and took appointment at Chennai consulate through web site, and went for stamping. I got it. The H1 visa is for 7th year extension.

I didn't face any problem and nobody has asked any questions regarding AP at POE. They didn't ask for AP and they satisfied with valid H1 stamp.

The only question I faced at consulate was, whether I applied for GC. I said yes. The officer didn't ask me why I didn't have AP for travel and instead why I am applying H1 visa.

I am not sure if this works for everyone. If you must travel, then there is no other choice I think, except to take risk.
 
Thanks, guys

Thanks for all your input. My First AP just expired. I started Expedite request of my 2rd AP with local and Vermont,yet no news. My current status is paroled, H1 has expired too. Guess I dont have any choice except waiting for the approval of AP unless taking risk. I bet the I wont be asked to show AP when i am leaving at JFk airport, NY, am I right?
 
If the trip is truly urgent in nature, then you can approach the local office personally and request them to issue an AP immediately.

I had to do the same thing in March this year when my mother passed away and I didn't have an AP in hand(I never applied for an AP before that, though my 485 was pending for over 2 years at that point). I went to the loal office and after producing all the faxed documents and a fair bit of convincing, they were kind enough to issue the AP on humanitarian grounds. But one thing that was different in my case is, my 485 was transferred to that local office last year and it was pending with them. But I am sure it should make no difference where your 485 is pending as long as you can prove the urgent nature of the trip. I came back with that AP in the begining of May and didn't have any problems. I eventually had my 485 interview and got approved late last month.

Hope things work out for you, but please dont make the mistake of leaving the country without the AP in hand as your H1 had already expired and you dont have a chance of getting it extended at your local consulate also.

CMR
 
Last edited by a moderator:
Thanks, CMR

I am sorry to hear about your mother. Meanwhile, congrats to your 485 approval, and best wishes to your family.

My local INS is Newark, NJ, I am gonna try one more time next week. what is your local INS office by the way?


cmr said:
If the trip is truly urgent in nature, then you can approach the local office personally and request them to issue an AP immediately.

I had to do the same thing in March this year when my mother passed away and I didn't have an AP in hand(I never applied for an AP before that, though my 485 was pending for over 2 years at that point). I went to the loal office and after producing all the faxed documents and a fair bit of convincing, they were kind enough to issue the AP on humanitarian grounds. But one thing that was different in my case is, my 485 was transferred to that local office last year and it was pending with them. But I am sure it should make no difference where your 485 is pending as long as you can prove the urgent nature of the trip. I came back with that AP in the begining of May and didn't have any problems. I eventually had my 485 interview and got approved late last month.

Hope things work out for you, but please dont make the mistake of leaving the country without the AP in hand as your H1 had already expired and you dont have a chance of getting it extended at your local consulate also.

CMR
Click to expand...
 
Hi guestusa:

This is from my personal experience. In May 2003, me and my wife had to go to India but we had not received any response (regarding approval, rejection, or RFE), on our pending AP applications, from VSC till the date we left the country for India.

We were in India for about 5 weeks. We had asked one of our friends to check our mailbox everyday. And to mail the AP approval letter to us when it arrived. When the approvals came, our friend maile them to us in India by courier.

There could be problem if you do not get your approval letter in hand by the time you are ready to leave your home country, or if you are sent an RFE (a rarity in case of AP). You may get stuck in India until you receive your AP letters in hand. You may still be able to co-ordinate your response to RFE (in case there is one), from your home country.

We did not have any problem at the US port of entry. So look for a trusted friend who might help you with mailing the stuff. Good luck.

SSINGHPA
--------------------------------------------------------
EB2-RIR - Pennsylvania
I-140: 03/2002
RD: 05/07/2002
ND: 05/10/2002
FP1: 07/10/2002
FP2: 03/09/2004
EAD3: Application pending since 03/17/2004
AD: who knows??????

guestusa said:
Hi, there,

I need an emergent trip back to my home country, however my emergency AP with VSC is still pending, and the expedite request of my AP process with FAX receives no response from VSC.

I heard of we are not supposed to travel without approved AP on hand, it is taking risking when coming back at POE. and if that is the case, the I-485 is regarded abandoned. My question is does anyone have any successful travel experience without AP before leaving US then have a later-approval AP to enter US(say have someone mail the AP to home country) ?

The reason I am asking is I really have to start this emergent trip. Is there any other options I can turn around ?

Please help me out ASAP , thanks a lot !!!!!!!
Click to expand...
 
SSINGHPA,
I don't know how you manged to use AP that was approved after you left US. That is not permissible by law. The law clearly states that.
 
Fortunately, I got emergency AP today@newark, NJ--thanks guys !

Hi, there,

What a relief ! My emergency AP got approved today at Newark local office, I went to Newark three times to try my luck, and finally I got it today. First time, I did not have a I-131 receipt from Vermont, turned down, Second time, was told to contact VSC to expedite request, did that, no news after 10 days. And today,I decided to go to Newark last time, I did get it. My reason for emergency AP is medical surgery of my family member.

Just for your information.

Good luck to you all !

My AP ND: 05/27/04
 
SSINGHPA,
If you do speeding and don't get a ticket, that does not make speeding legal. It's against the law to leave country without AP (unless you have valid visa). Probably your POE officer did not check thoroughly your departure date and AP approval date (AP approval date is exactly one year before AP expiry date). Whatever you did is absolutely wrong. But please don't (ill)-advice other to do the same without understanding the consequence.

See this notes in Murthy.com
INS publishes Advance parole guideline
Favorable Interpretation of Advance Parole

BTW, AP application does get RFE. May be it's less than I-485, but it's not certainly rare (unless you have number that supports your argument).


SSINGHPA said:
Hi guestusa:

This is from my personal experience. In May 2003, me and my wife had to go to India but we had not received any response (regarding approval, rejection, or RFE), on our pending AP applications, from VSC till the date we left the country for India.

We were in India for about 5 weeks. We had asked one of our friends to check our mailbox everyday. And to mail the AP approval letter to us when it arrived. When the approvals came, our friend maile them to us in India by courier.

There could be problem if you do not get your approval letter in hand by the time you are ready to leave your home country, or if you are sent an RFE (a rarity in case of AP). You may get stuck in India until you receive your AP letters in hand. You may still be able to co-ordinate your response to RFE (in case there is one), from your home country.

We did not have any problem at the US port of entry. So look for a trusted friend who might help you with mailing the stuff. Good luck.

SSINGHPA
--------------------------------------------------------
EB2-RIR - Pennsylvania
I-140: 03/2002
RD: 05/07/2002
ND: 05/10/2002
FP1: 07/10/2002
FP2: 03/09/2004
EAD3: Application pending since 03/17/2004
AD: who knows??????

Click to expand...
 
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