Entering into USA after 485 approval

D

DBM

Registered Users (C)
Dear Immi-gurus,

I have a question about entering into united states using advance parole, after I-485 gets approved. Here is my details:

WAC02186*****
ND/RD- May' 02
1st FP: Aug' 02
2nd FP:Jan' 04
1st, 2nd, 3rd, EAD/AP in between
NO RFE
485 Approved on July 6th, 2004

I have been vacationing in India since last two months (May' 04) and planning to return back to work next month (Aug' 04). In fact, I have been working for my employer remotely now during my vacation and I have all my paystubs

My attorney is also on vacation and his assistant says that, existing advance parole gets invalid as soon as the case is approved and that she will send me the approval letters by Fedex and then I can show those approval letters in secondary inspection, in case of any problem while entering into united states

With little immigration knowledge that I have gained from this forum, I know, 485 approval letter is not a valid travel document and I think I have read cases where people had entered into united states using advance parole, after the case is approved. I have also read somewhere in this forum about problems people had, when they went out without advance parole (thinking advance parole will be approved soon) and subsequently I-485 gets approved and then their advance parole applications got rejected.

Any idea anyone on this case ? Will I have any problem entering into united states using my existing advance parole ?. I don’t have a valid H1 or any other visa on my passport now . However, I have a valid advance parole (valid upto Jan. 05), employment verification letter, paystubs etc..

I will really appreciate if any one has any information on this.
 
DBM,

As long as you have your valid AP, you should be fine.

When you come back to the US, the POE officer will take your passport and AP documents. Then, they usually check your case on the system and return both AP and passport stamped to you. Since your case has been approved, he will give you deferred inspection: he says you your case is approved and tells you to go to INS office to get stamped. This is what happens to folks who are travelling overseas when their case is approved.

Congratulations on your approval.
 
You are ok if you have unexpired AP.

2 months vacation ... what are you ... Bush?


DBM said:
Dear Immi-gurus,

I have a question about entering into united states using advance parole, after I-485 gets approved. Here is my details:

WAC02186*****
ND/RD- May' 02
1st FP: Aug' 02
2nd FP:Jan' 04
1st, 2nd, 3rd, EAD/AP in between
NO RFE
485 Approved on July 6th, 2004

I have been vacationing in India since last two months (May' 04) and planning to return back to work next month (Aug' 04). In fact, I have been working for my employer remotely now during my vacation and I have all my paystubs

My attorney is also on vacation and his assistant says that, existing advance parole gets invalid as soon as the case is approved and that she will send me the approval letters by Fedex and then I can show those approval letters in secondary inspection, in case of any problem while entering into united states

With little immigration knowledge that I have gained from this forum, I know, 485 approval letter is not a valid travel document and I think I have read cases where people had entered into united states using advance parole, after the case is approved. I have also read somewhere in this forum about problems people had, when they went out without advance parole (thinking advance parole will be approved soon) and subsequently I-485 gets approved and then their advance parole applications got rejected.

Any idea anyone on this case ? Will I have any problem entering into united states using my existing advance parole ?. I don’t have a valid H1 or any other visa on my passport now . However, I have a valid advance parole (valid upto Jan. 05), employment verification letter, paystubs etc..

I will really appreciate if any one has any information on this.
Click to expand...
 
goodsaint said:
2 months vacation ... what are you ... Bush?
Click to expand...
:)

DBM,

As long as your AP is valid, you can enter the country. They might take your AP away in secondary inspection and ask you to go for deferred inspection where you will get your passport stamped.

Good luck and Congratulations!
 
DBM said:
Dear Immi-gurus,

I have a question about entering into united states using advance parole, after I-485 gets approved. Here is my details:

WAC02186*****
ND/RD- May' 02
1st FP: Aug' 02
2nd FP:Jan' 04
1st, 2nd, 3rd, EAD/AP in between
NO RFE
485 Approved on July 6th, 2004

I have been vacationing in India since last two months (May' 04) and planning to return back to work next month (Aug' 04). In fact, I have been working for my employer remotely now during my vacation and I have all my paystubs

My attorney is also on vacation and his assistant says that, existing advance parole gets invalid as soon as the case is approved and that she will send me the approval letters by Fedex and then I can show those approval letters in secondary inspection, in case of any problem while entering into united states

With little immigration knowledge that I have gained from this forum, I know, 485 approval letter is not a valid travel document and I think I have read cases where people had entered into united states using advance parole, after the case is approved. I have also read somewhere in this forum about problems people had, when they went out without advance parole (thinking advance parole will be approved soon) and subsequently I-485 gets approved and then their advance parole applications got rejected.

Any idea anyone on this case ? Will I have any problem entering into united states using my existing advance parole ?. I don’t have a valid H1 or any other visa on my passport now . However, I have a valid advance parole (valid upto Jan. 05), employment verification letter, paystubs etc..

I will really appreciate if any one has any information on this.
Click to expand...

You must tell your attorney after he/she is back that his/her assistant was smoking pot when he/she was on vacation - still better - if she tells you same again - call and let cops know about it.

You are right about entry on AP - get to USA on AP and tell her not to send your approval papers. It is illegal to send it thru personal mails, unless authorized by USCIS. Ofcourse misplaced mails can be nightmare for you.

There are 6 categories of parolees.

1. Deferred inspection: authorized at the port upon alien’s arrival; may be conferred by an immigration inspector when aliens appear at a port of entry with documentation, but after preliminary examination, some question remains about their admissibility which can best be answered at their point of destination.

2. Advance parole: authorized at an USCIS District office in advance of alien’s arrival; may be issued to aliens residing in the United States in other than lawful permanent resident status who have an unexpected need to travel and return, and whose conditions of stay do not otherwise allow for readmission to the United States if they depart.

And following 4:

3. Port-of-entry parole.
4. Humanitarian parole.
5. Significant Public Benefit Parole.
6. Overseas parole.

You will show document for admissibilty under Advance Parole(2) and will be allowed to enter under Deferred inspection(1) by officer at POE.

P.S. If assistant is good looking - why not pass my ID? ;)
 
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