Existing AP expired while outside US

I

inssucksforever

Registered Users (C)
My wife left to India (5/5/03) for a family emergency.

She had a valid AP when she left, and had 10 days left in it (5/14/03).

We applied for AP renewal on (4/16/03-WAC-03-150), which is still pending. She cannot reenter obviously as her AP has expired.

Do you guys see an issue with her case, since she is outside US with no valid AP at this time?

Thanks,
:confused:
 
Re: Expired AP

Does she has a valid H4 ( if you are still working on h1). If yes, then she's fine. If not I guess, her 485 application application is no longer valid and she has to apply for CP. But this would be my guess. Confirm that with your lawyer. goodluck..
 
i think if you get an AP approval with out any rfe, you should be okay. you could then send the AP approval to your wife in India.
 
For an AP to be valid, you have to have it in your possession before leaving the country. Unfortunately your wife is out of status (unless she has a valid H4). INS has something which is called Emergency AP which you should have availed off before leaving the country. I know it is a little difficult to keep track of these technicalities when the mind is totally taken over by the emergency, but INS works on rules, and this is one of them.

I suggest you talk to your lawyer and see if anything can be done due to the nature of the emergency, humanitarian reasons, etc. Hopefully she will not have the AOS considered as abandoned. In case it is, she will need to re-apply for AOS, her RD will remain the same though. Your biggest problem now is how to get her into the country. Hopefully your H1 is valid, and she can sneak in on a H4 with her original 485 in hand. Otherwise she will have to apply for a visa.

Good luck!
 
Please see this She is in trouble

I took this extract from BCIS web site

Q1. What is Advance Parole?

A1. Advance Parole is permission for certain aliens, who do not have a valid immigrant visa, to re-enter the United States after traveling abroad. Such aliens must be approved for Advance Parole before leaving the United States. If they have not obtained Advance Parole prior to traveling abroad, they will not be permitted to re-enter the United States upon their return.
 
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