Help on Advance Parole

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User16

Registered Users (C)
My Husband went to India and due to some serious problems he started on 09/14/03 thinking he will be back on 09/15/03.

On the Parole the Date of Issue was 09/16 and inside it says to return prior to 09/15/03.

But we didn't read the whole thing and thought the expiry date was 09/15/03 so he can enter on that day.

When he gave the Parole to the Airline while boarding, they read it and didn't let him board the Plane.

Does anyone has ideas to request a Temporary Parole or anything.

I contacted my attorney, they r looking at it. I am the primary on Green Card, I can't use H1 option since I am with a different company.

Any Ideas please.
 
I presume that you are in the US, right now. If so, the options are pretty limited. You need to file for another AP, which is to "bring a dependant who was out of the Country." Only after this, can your husband come. Since you are primary, your husband can ask his company to file for a fresh H1-B to come to the US, say within a month, if they can file under premium processing.

I will wait for other doyen to share their views.
 
When we enquired thru my lawyer they said, if the advance parol is expired then they to wait till the green card is approved.

Actually we had kind of same situation, but we came back 2-3 days before expiry and look new emergency parol(with supporting documnets) then traveled back to India.
 
Contact Your senator or congressman. May be they can help in getting the parole for your husband.
 
To Texas01

My Attorney is still looking for what options are available.

Intially she said H1, but since I am on EAD that is ruled out.

What did your lawyer say ? If you don't mind can you post it in detail what your Attorney said.

In the worst case if he can't come now, Do we need to withdraw the Adjustment of Status and file Consular for him. Or can I mail him the Green Card and he can enter on it.

Thank you very much for the help.
 
I think he will come under "follow to join" or something termed like that... Immigration folks may argue that he has lost his i485 status, by not having a valid AP when he is outside the US.

I am very sure that he will contact the nearest US consulate there and try to make his case. I would also consider consulting a name branded attorney like Murthy or Shusterman here in the US

Good luck!

-------

I am not a lawyer, this is just an opinion
 
My attorney is in Atlanta, www.kapoorlaw.com

Frankly(at that time we were in India) speaking I did not talk to him regarding this, my brother spoke to him. They strongly advised to come back before AP expire. May be you can call them and find out.

My sincere suggestion is talk to different people and find out the best solution.

Sorry I could not be of much help..
 
I just called my attorney office regarding this , she said she will find out and do some research and let me know. I will post the answer as soon as I know.
 
Thank you very much Texas01, I appreciate your help.

I am planning to take an appointment with Sheela Murthy. In her website murthy.com , I came across an article for deferred Inspection.

http://www.murthy.com/ukpbadpl.html

I asked my attorney to look into it. Still didn't hear anything from my attorney.

If your attorney tells you anything, let me know.

Thank you for your help
 
Thanks

User16,
This is a great article. Thanks for sharing.

I am also in same boat. My wife is out of country. she left the country before expiring Ist AP and after 4 months of filling 2nd AP. Still it's not approved. I am also talking with my lawyer to get aternatives to bring her in country.

Akki.
 
cant u do what poongunranar suggested? Theres an option while applying for AP --- Bring a Dependent who is outside the country. Can't u do that?

Madhav
 
Yes,
I asked few options to my attorney, which are as follows. I will keep you posted once I get reply from them.

1) can I go back to H1. I have 2-1/2 years left on it. but worked on EAD for a year.
2) can my wife get a H1
3) can shed get visitors visa.
4) is there anyother option if we get 485 approved before AP.
 
To User16

My attorney office left me message, they gave the following options:

1 Counsler Processing, which usually takes too long for this kind of case
2. Ask employer to do H1B for you and get him on H4 status, this might be the best way.

That is all for now.
 
Thank you Texas01.

My Attorney is also suggesting those two options. They are looking at the point if his I 485 application is going to be considered abandoned since AP got expired before I moved to H1. So Probably he may have to refile the I485.

They also suggested Follow to join option which is taking 6 months after my I485 approval.
 
User16,

What do the US Consulate people say there? In any case, don't panic and keep trying all of the options

Good luck!
 
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