GC received while travelling outside US on Advance Parole

S

SWaiting

Registered Users (C)
Gurus, I need your help on this.

My Sister travelled to India on 1st Mar 2004 on Advance Parole which expires on Nov 30th 2004. Her Father -in-law is sick with cancer and is in last stages of his life.. So she will be staying in India for some time...

The catch is that her Green Card got approved on 10th March 2004 and the Physical card was also received by mail at her US address.. She never went for stamping to the local office..

The BIG Question is :- what is the latest date by which she has to come back to USA with out loosing her status/Green Card ie Nov 30th 2004 or 10th March 2005 ??

thanks
 
As far as i know she has to come back before AP expires which is Nov 30 th 2004.

One she is here (USA) then she can go to nearest INS office show the Green card and get passport stamped.
 
hmd,
the stamping part is ir-revelant. That is temporary and is valid only till you receive the physical card. Getting the passport stamped is not a necessity at all..

Logically the AP should become a mundane issue as She has the GC now..
 
Last edited by a moderator:
SWaiting said:
Logically the AP should become a mundane issue as She has the GC
now..
Click to expand...

Yeah but isn't AP which is what she is used to leave the USA.

so according to you if you/your brother-in-law mails her GC (physical card) from here to India then she should be OK .

I would consult a lawyer on that...
 
Since her case has adjudicated based on adjustment of status, taking the fact that one needs to be present in US when adjusting their status from Non-immigrant to immigrant status , unless they have approved advance parole in hand while leaving the country.. she would need to enter only using her AP and claim her Perm.residancy after entering the USA.

Confirm with a good attorney ..

I was under impression that USCIS never send a CARD unless you get temp.stamped and do your index finger printing at local office after I-485 adjudication .. it seems my assumption is wrong in this case...
 
kvpt_mm,
Her case was a local office transfer to Washington DC. Her I-485 interview was in Nov 2003 which she appeared and gave the finger prints and stuff.
The case was not approved in Nov 2003 as the officer said that FPI name check is still pending (Can you believe that ??)...

Anyway her case was finally approved on 10th March 2004 whereas she left for India on 1st March 2004 using the AP.

I spoke to a level 2 officer and he clearly explained that AP is void and null now and we need to send her the Physical Card some how so that she can use it when she come back. And she can stay outside US till Feb 27th of 2005 and still maintain her GC...


thanks
 
I very much doubt and question IIO (tier-ii)

As per as i know , when she left the US her status is pending AOS and left on approved AP , which provided elibigility to enter back in US using her approved AP within the date they specified.

So she got time until Nov 30th 2004 only NOT Feb 27th of 2005 , it could impact her entry back in US if she comes later than Nov 30th 2004.

I advise and consult a very very good attorney about this and clarify further rather taking Tier-II opinion.

Gurus.. shread some light ...
 
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