Entered using Advance Parole: weird I-94 stamp

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Priya_GC

Registered Users (C)
Hi All,

I recently entered the U.S. using my Advance Parole (my I-485 application is pending). Upon entry, the immigration officer put the following stamp on my I-94:

PAROLED pursuant to Sec. 212 (d) (5) of the I & N Act to: MAY 30, 2006.

That is, the stamp validity is until May 30, 2006 (valid exactly for 1 year from the day I entered the U.S).

Now my question is - will I be out of status after May 30, 2006, even if my I-485 is pending then? Do I need to take any corrective action then? I am very confused, could anyone please help me with this situation?

Thanks!
Priya
 
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Priya_GC said:
Hi All,

I recently entered the U.S. using my Advance Parole (my I-485 application is pending). Upon entry, the immigration officer put the following stamp on my I-94:

PAROLED pursuant to Sec. 212 (d) (5) of the I & N Act to: MAY 30, 2006.

That is, the stamp validity is until May 30, 2006 (valid exactly for 1 year from the day I entered the U.S).

Now my question is - will I be out of status after May 30, 2006, even if my I-485 is pending then? Do I need to take any corrective action then? I am very confused, could anyone please help me with this situation?

Thanks!
Priya
Click to expand...


Hi

You would not be out of status

As your I 485 is still pending you are allowed to stay in US until a decision is made

But rememeber once your advanced parole has expired (If I485 is still pending) you must apply for 2nd advanced parole if you need to leave the US and wish to re-enter

As soon as I 485 is approved your advanced parole is cancelled. So once approved make sure you have green card in hand before you travel

Regards Sue
 
URGENT - "once approved make sure you have green card in hand before you travel"

susan ward said:
Hi

You would not be out of status

As your I 485 is still pending you are allowed to stay in US until a decision is made

But rememeber once your advanced parole has expired (If I485 is still pending) you must apply for 2nd advanced parole if you need to leave the US and wish to re-enter

As soon as I 485 is approved your advanced parole is cancelled. So once approved make sure you have green card in hand before you travel

Regards Sue
Click to expand...

Susan,

I have a question to your Quote As soon as I 485 is approved your advanced parole is cancelled. So once approved make sure you have green card in hand before you travel. My Green Card (485) is in Final Stages of Approval. We are leaving for India with Advance Parole. DO you mean that our re-entry to United States would be a problem, if my 485 gets approvd, while we are in India as the AP would be Invalid ??

I will appreciate, if you can explain ?

POJ and others, have you heard of this?...I think I need to talk to my Lawyer before Leaving ?
 
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This scenario happens quite often. Technically its cancelled BUT they generally parole you into the US anyways. This has been talked about many times in this forum.
 
I asked the same question

BanglaBabu,

I was out of the country last month and was worried about the same thing as you. I researched this forum and found that in case your 485 gets approved before you travel then it is advisable to not travel until the PP is stamped. This is because leaving the country before getting the PP stamp maybe considered as abandonment of the process.

However if the 485 is approved while the applicant/applicants are outside the country then they are allowed in on Advance Parole or Visa.

I also asked people about the scenario where the 485 gets approved the day one is about to travel. People had different opinions on this one. Some said that since there was no time you can leave and they let you back in, others suggested that one should cancel the travel plans if PP has not been stamped.

Do remember that all this information is from this forum and I have not consulted any lawyer regarding this. Please do not take this information to be the law.

regards,

Saras
 
saras76 said:
BanglaBabu,

I was out of the country last month and was worried about the same thing as you. I researched this forum and found that in case your 485 gets approved before you travel then it is advisable to not travel until the PP is stamped. This is because leaving the country before getting the PP stamp maybe considered as abandonment of the process.

However if the 485 is approved while the applicant/applicants are outside the country then they are allowed in on Advance Parole or Visa.

I also asked people about the scenario where the 485 gets approved the day one is about to travel. People had different opinions on this one. Some said that since there was no time you can leave and they let you back in, others suggested that one should cancel the travel plans if PP has not been stamped.

Do remember that all this information is from this forum and I have not consulted any lawyer regarding this. Please do not take this information to be the law.

regards,

Saras
Click to expand...

Dear Saras,
Thanks for the Lead. I think, what you said is quite Logical. I will be leaving in another 1 months time and hopefully, me and you, both get our 485 approved before that.

Appreciate.
 
Hi

I hope what others have answered is what you need to know

If it were me I would try and get a letter from your attorney to confirm you will be OK or letter of your intentions not to abandon your I 485

At the end of the day whether we have visa's or not. No one has the right of entry. The immigration guy makes the decision and if they refuse entry do not have to give a reason.

Unless you seek asylum at poe no one is entitiled to a lawyer

Well this is what I have found through research (hope I am wrong)

Regards Sue
 
Update

Here is what I got after I called USCIS and spoke to an Information Officer.

When a person whose 485 is on process, leaves county, INS puts on hold, the 485 processing until the person enters in the country. At POE, the Immigration Officer would inform the System to commence processing of 485. In that case, the possibility of someone getting 485 approved, while he/she is out of country, is rules out.


Thanks for all your Information.
 
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Bangababu,
I know people who had their approval, while being out of the country. immigration officer has nothing to do with the GC processing.
 
Same here

Banglababu,

Pandi is correct. I to know of several people who have gotten approved while being out of the country. I seriously doubt that a hold is put on your application when you are out of the country. I believe someone has fed you the wrong information. This is way to much to expect from USCIS.

regards,

saras
 
Pandi and Saras.

Since we were told that this could be a possible issue, while re-entering United States, we were just out of gear...thanks for the Updates...we would try enjoying long awaited trip to India after many years.
 
banglababu,
if your gc gets approved even on the day you are planning to leave, then you will have a problem, lf you leave the country, since when you return the officer will check your case based on your A#, and his system will show that your gc was approved and you did not intend to get it and left the country,

This is the only area, where you might have an issue, i have read some posts. discussing on this issue.


on the other hand you leave the country in AP, later the case gets approved, when you return, the officer will accept your advance parole, and will defnitely inform you that your GC has been approved.
 
I have read some of the posts regarding this issue. In theory (probably there is such a policy in USCIS) the I485 will be put on hold when you leave the country. But in reality nobody does that.
I read from some of the posts that if you are approved right before your travel, the chance that you are not let in is slim. But it is better to wait until you stamp your passport before you travel. Then there is no worry at all.
If you do a search on this forum, you may see that actually someone said that they successfully came back in the exact scenario.
 
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