Experience For Emergency AP in Local INS

S

sree1965

Registered Users (C)
My Experience with AP in Detroit local INS :

My wife has H4 visa valid till Jan 2006 and we filed for our I-485/EAD(ND : 03-01-2004). We did not file for AP. She has to go to India on an emergency issue. We called USCIS Toll Free number to verify to have AP or not. The lady told us that we need to have AP eventhough we have valid H4 once we filed for I-485. Also told therwise the I-485 will be voided. I was trying to explain the rule which is in the I-131 Form. But she refused that and told to have AP.
So we decided to go to Detroit INS Office(I am working in Detroit), to have an emergency AP. We went around 8AM and our turn came around 11AM. We explained all these things to the officer. He has seen all the documents, H4 visa in the passport and told that AP is not necessary. Then I told about the lady who told when I called CIS. He told me they are not officers and they are contract workers and don't know in depth details. I am officer and also asked me do you believe me or that lady. And he is very co-operative and took lot of time and gave me a paper which shows the rule for H1/H4/L1/L2 visa holders.

Wanted to share the information.

Sree
 
I asked my lawyer a similar question a while ago and I got the same response the officer gave you.
 
So, if you have a valid H4 and a pending EAD/ I-140 you don't need AP? I'm confused!!!:confused:
 
Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment.

Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.
 
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