Entering USA, 485 Approved, Valid AP

[timepasse]

Hi

I need advise on the following scenario.

I had to come back from US about 9 months back due to personal reasons. Initially I intend to return to US after 3 months but then things changed and was not able to go back. In the mean time I had my 485 approved in August. My EAD expired in August 2011 and AP will expire next month. Now I have received a mail at my contact address in US to come for a biometric appointment. I am looking for advise on

1) What can be the potential issues, I will face at Port of Exit (in India) and Port of entry (in US).
2) What kind of issues I can face at Biometerics center.

Please advise at the earliest.

Thanks

 

[cafeconleche]

You have to go back before your AP expires. If your reasons for staying out were compelling, take proof of that, and if you can, proof that you've maintained your ties to the US, like bank statements, car and house payments, etc. I don't know if the same rules about staying out of the country apply to AP holders as they do to LPRs, though. If I'm not wrong, you can stay out as long as your AP is valid, so you should be ok.

 

[Jackolantern]

In the mean time I had my 485 approved in August.

Do you have any proof of that? Like the I-485 approval notice or the physical green card itself?

1) What can be the potential issues, I will face at Port of Exit (in India) and Port of entry (in US).

None if you return before the AP expires, except having to go to secondary inspection (which always happens when you enter with AP).

 

[timepasse]

Do you have any proof of that? Like the I-485 approval notice or the physical green card itself?

None if you return before the AP expires, except having to go to secondary inspection (which always happens when you enter with AP).

Yes I have received the 485 approval notices.

What kind of scrutiny I can expect at Secondary Inspection. Last time when I entered on AP there was no secondary inspection for me.

 

[Jackolantern]

What kind of scrutiny I can expect at Secondary Inspection. Last time when I entered on AP there was no secondary inspection for me.

You had AP but they didn't send you to secondary inspection? Did you also have a valid H1B, H4, L1 or L2 at that time? It is standard procedure to send people to the secondary inspection room if they use AP.

Secondary inspection for AP isn't a big deal ... they'll just spend some time looking in the computer to see that everything is in order for your case (your AP was issued before you left the US, your I-485 is still pending or approved, etc.), maybe asking you one or two questions. But if there are many other people in that room, you might have to wait for a couple hours to get through, since the secondary room is also used to interrogate people who don't have all their papers in order. So if you have a connecting flight after that, make sure to schedule enough of a time gap between flights in case you're delayed in the secondary inspection.