F1 visa and AP - Urgent

A

avi101

Registered Users (C)
Can an F1 visa holder who has recently applied for I485 go out of US and return back on F1 visa. The holder does not have an Advance Parole...Will there be any problems or is there something to be aware of.

Thanks in advance.
 
S/he will need an approved AP in hand before s/he goes out of USA.

Remember if person files her/his 485, some visa status (except valid H and L visa - because they are dual intent -- which allows them to return to USA without AP) will be invalid. That's why approved AP is needed to travel out of USA and return to USA.

If a person is outside USA, s/he cannot apply for AP outside USA. S/he has to apply within USA before you depart USA. If s/he enters USA at any US port entry, her 485 will be abandoned and s/he will be detained at any US port entry and will be taken to the court (or probably deported to her/his home country.).

I think someone mentions about consular processing (it means a person has to stay until it is approved). I think someone mentions about getting H visa (H1 or H4) at the consulate. but I am not sure about this because I am not a lawyer. Talk to your lawyer.

Hope this helps.
 
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Serenity_now, Are you sure that F1 will be valid if a F1 holder files her/his 485?

I remember Murthy mentioned that only H or L holder can enter USA without AP if their H or L visa are valid because only H and L are dual intent status and F1 is not a dual intent status.
 
My wife is on F1.
She recently used her visa, at Washington DC POE instead of the AP.
Check past threads. There is a detailed explanation posted by somebody who lost the F1 status using AP.
 
If you look at the I-131 form, it tells you that only H-1, H-4, L-1, L-2, K-3, K-4, V-2 or V-3 holders do not need to apply for AP.
 
c514468 said:
If you look at the I-131 form, it tells you that only H-1, H-4, L-1, L-2, K-3, K-4, V-2 or V-3 holders do not need to apply for AP.
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thats is true but the person in question is on F1[student visa] :)
 
Serenity_now!!! said:
It is better to use F1 to re-enter (while still valid)
The use of the AP will automatically cancel the F1 status.
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I dont think its true.

This rule dosent apply to H visa so why would it apply to other visas?
by the way AP is just a travel document and it only allows you to reenter.
Since 485 is pending the person can legally stay in this country until its approved
or denied. There is nothing like loosing F1 status. F1 is allows you to enter
as a student and to maintain it you'll have to satisfy all conditions
for F1.
 
fast_gc_seeker,

I know the person has F-1. That's why I'm puzzled. Since she filed for I-485, she has intent to immigrate. She shouldn't be able to re-enter with F-1.

I guess she was lucky.
 
avi101 said:
Can an F1 visa holder who has recently applied for I485 go out of US and return back on F1 visa. The holder does not have an Advance Parole...Will there be any problems or is there something to be aware of.

Thanks in advance.
Click to expand...

Check out this link:
http://www.immigrationlinks.com/discus/messages/10/1774.html?TuesdayApril620040144am

Here it says:

Both you and your wife should re-enter using your advance paroles. Since you both have filed for adjustment of status, your wife will not be admissible on her F-1 visa since she is an intending immigrant. If you had an H-1B visa, you could re-enter on that. But, you only have H-1B status, so that is of no benefit for re-entry to the US. You, too, are considered an intending immigrant.
 
Careful. Even if the officer at POE does let you enter on your F-1, BCIS may later decide that you have abandoned your I-485 application by travelling outside the US without an approved AP. The fact that you travelled legally on a valid F visa doesn't help at all - you can travel without an AP and not abandon I-485 only on a H visa.

~T
 
Thanks for the inputs.
This makes it even more confusing (conflicting opinions). I called up our law firm and the lawyer said that an F1 holder can go and enter back on F1 without the AP. The F1 holder may be able to apply for AP before leaving US but since it takes about 2 months or so for approval, she won't get it by the time she comes back.

I wanted to check with this forum if people had other experiences\heard otherwise.

I will have find out more info on this thing.
 
She should have her AP approval in her hand before she departs USA, not after she departs.

If she already is in another country and her AP was approved and you mail it to her or fly to hand it over to her, her 485 can be abandoned. The U.S. Immigration officer can check the records of depature and arrival when the person enters U.S. Talk to your lawyer and other lawyers. You may consider consular processing for her.. but not sure. talk to your lawyer and other lawyers.
 
pralay said:
Check out this link:
http://www.immigrationlinks.com/discus/messages/10/1774.html?TuesdayApril620040144am

Here it says:

Both you and your wife should re-enter using your advance paroles. Since you both have filed for adjustment of status, your wife will not be admissible on her F-1 visa since she is an intending immigrant. If you had an H-1B visa, you could re-enter on that. But, you only have H-1B status, so that is of no benefit for re-entry to the US. You, too, are considered an intending immigrant.
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Yes that is correct. Only H/L visa holders r allowed to re-enter without AP.


check following link also

http://www.immihelp.com/gc/aos/eadap_h1.html
 
avi101 said:
Thanks for the inputs.
This makes it even more confusing (conflicting opinions). I called up our law firm and the lawyer said that an F1 holder can go and enter back on F1 without the AP. The F1 holder may be able to apply for AP before leaving US but since it takes about 2 months or so for approval, she won't get it by the time she comes back.

I wanted to check with this forum if people had other experiences\heard otherwise.

I will have find out more info on this thing.
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avi101, this is an interesting answer by your attorney :)

Normally if 485 is in process then you definately need AP to enter if you are not on either H or L visa. I've read many posts on this. But if your attorney says F1 visa holders can also enter without AP, I doubt that. Make sure he/she is correct and dont
take risk of leaving country without AP. I would also apply for expedited AP giving
vaild reasons to support it.
 
fast_gc_seeker said:
Yes that is correct. Only H/L visa holders r allowed to re-enter without AP.


check following link also

http://www.immihelp.com/gc/aos/eadap_h1.html
Click to expand...

what is expedited AP.....where can i get that forum...i am facing the exact same problem...i am about to apply for 485 of my wife as my case is still pending with USCIS. She is on f-1 and she is planning to travel on December 29 abroad USA. i dont think she will get AP by December 29, 2004. you guys are so helpful. you guys saved us from a mistake which might have cost my wife her 485....she was planning to travel on F-1.

1)what is expedited AP. i have filled out regular AP forum for her with regular fees. please guide.

2) is there anyway, she can go to local service centre ( phoenix) and ask for AP even though it has not been 90 days since she applied for AP.

Thanks

Ram
 
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desi74 said:
what is expedited AP.....where can i get that forum...i am facing the exact same problem...i am about to apply for 485 of my wife as my case is still pending with USCIS. She is on f-1 and she is planning to travel on December 29 abroad USA. i dont think she will get AP by December 29, 2004. you guys are so helpful. you guys saved us from a mistake which might have cost my wife her 485....she was planning to travel on F-1.

1)what is expedited AP. i have filled out regular AP forum for her with regular fees. please guide.

2) is there anyway, she can go to local service centre ( phoenix) and ask for AP even though it has not been 90 days since she applied for AP.
Click to expand...

There is nothing called "expedited AP". There is emergency AP, which is normally issued on humatarian ground - like some relative died or someone is seriously ill etc. Normally one cannot apply for AP when he/she is abroad (even his/her attorney/spouse/friend/relative cannot). He/she has to apply while living in USA. There are exceptions, again for humanitarian ground - when someone could not wait to get emergency AP. Normally in that kind of cases, attorney can apply on behalf of beneficiary while beneficiary is abroad. The beneficiary collects AP from nearest consulate and re-enter USA.

But the normal rule is - get your AP in USA first and then leave USA.
 
And If you haven't filed your AP application yet, it is time to file it now. (Please make sure to proofread properly before you mail it or if you have a lawyer, talk to him to file it as soon as possible).
 
USGC485 said:
And If you haven't filed your AP application yet, it is time to file it now. (Please make sure to proofread properly before you mail it or if you have a lawyer, talk to him to file it as soon as possible).
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yarr. my company will not for pay my wife's case and lawyers are asking for at least 1500 dollars for my wife’s EAD, AP applications. Unfortunately, I cannot afford a lawyer right now and I am applying for my wife’s 485, EAD and AP by myself. I have assembled all relevant paper work and have filled out all forms and ready to mail every thing. Just last few questions:

1) Do I need to submit a formal letter for each application (485, AP, EAD)? If so, can anyone provide me with sample letters? I am the primary applicant for my wife and my case is pending in NSC.

2) Do I need to submit a copy of I-140 approval notice. I have conflicting information on this issue. Do I need to provide a copy of I-797.
3) Has anyone applied by himself for his spouse’s 485, EAD and AP without hiring a lawyer. Is it OK.

Gurus please help. Thanks
 
desi74 said:
1) Do I need to submit a formal letter for each application (485, AP, EAD)? If so, can anyone provide me with sample letters? I am the primary applicant for my wife and my case is pending in NSC.
>> U need letter only for AP stating that u r applying for it because u
require to travel outside the country for business and personal reasons.
[u can find sample letters in other threads]

2) Do I need to submit a copy of I-140 approval notice. I have conflicting information on this issue. Do I need to provide a copy of I-797.
>> Nope u dont need 140 approval notice[they'll have it]. u need to submitt ALL copies of I-797

3) Has anyone applied by himself for his spouse’s 485, EAD and AP without hiring a lawyer. Is it OK.
>> Absolutely. save some bucks and do it urself.
Click to expand...
 
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