How much time do I have to go for stamping after I-485 approval

[Life Laugh]

Hello,

I have got my I-485 approval about a month ago. I was out traveling and need to go out of country in 3 days. I have my AP valid till 24th of November. Can I enter the US based on my AP? I will be comming back on Nov 7th.


Thanks in advance.
-Life

 

[pralay]

Hello,

I have got my I-485 approval about a month ago. I was out traveling and need to go out of country in 3 days. I have my AP valid till 24th of November. Can I enter the US based on my AP? I will be comming back on Nov 7th.


Thanks in advance.
-Life

There is no timelimit. However, it's not a good idea to travel back and forth without stamp when you are already approved one month back. Normally I-485 approval makes EAD/AP invalid (therefore AP expiry date of November 24th is irrelevent). Though I don't see any ground for renetry denial at POE, but you probably need to face some questions about your failure to stamp.

 

[saf]

I think you should go for stamping now before you go out of the country because if you don't go for stamping more than a month while you are in USA, AP will be invalid because your 485 was approved while you were in USA. I have seen some cases like this before, not all cases. Also, be careful about exit and entry procedures at the airport. Airline agents will check that at departure time.

If you are outside USA and your 485 is approved at the same time, that would be fine and it will not pose problem for you to use a valid AP to enter USA. If you are in USA and your 485 is approved, it will be a big question about AP that you need to find out, but I think it will be invalid.

I suggest you go to BCIS office tomorrow before you go out of the country.

 

[Bosko_Djurovski]

Where does it state that AP gets invalidated by an approval of the underlying I-485 petition? I have never heard of a case that a person had problems travelling with a valid AP after an approved I-485.
I also haven't heard of any timeline required for PP stamping. On the contrary, I do know a guy that traveled using AP 3-4 weeks after I-485 approval (no PP stamp). No questions asked at the POE.
Unless you have some hard facts on this subject I'd suggest you not confuse people on this forum by throwing out some arbitrary statements.

 

[pralay]

Where does it state that AP gets invalidated by an approval of the underlying I-485 petition?

Well, here some guideline that may enlighten you.
From Murthy.com
http://www.murthy.com/news/ukpbadpl.html
from immihelp.com
http://www.immihelp.com/gc/aos/ap.html

"Advanced Parole(Form I-512) for adjustment applicants will be issued valid for a period which coincides with the time normally required for completion of an adjustment application not to exceed one year. (It means that it is valid for one year looking at the current status of adjustment of status processing.)"

Normally the lifetime of the AP is "until the final decision is made on their adjustment application" or one year (if the decision is not made yet).

When 485 is approved when applicant is abroad and applicant aware of the fact that his/her 485 is approved (it's possible in the age of internet when you can hcekc your status from USCIS website), ideally applicant should go to differred inspection. But there are lots of cases people got entry without differred inspection, but just showing AP.

I have never heard of a case that a person had problems travelling with a valid AP after an approved I-485.

Because people rarely travel without stamping when he/she is already approved while living in USA.

On the contrary, I do know a guy that traveled using AP 3-4 weeks after I-485 approval (no PP stamp). No questions asked at the POE.

I know guy who does speeding 90 miles/hour everyday in 70 miles/hour zone and never got ticket. Does that mean it's OK for everybody to do speeding?

Unless you have some hard facts on this subject I'd suggest you not confuse people on this forum by throwing out some arbitrary statements.

Your statement is arbitary too. Did you provide any hard fact yourself to backup your conclusion that AP remains valid after 485 approval? The above postings (by me and others) are just cautionary notice. This is a forum where discussions happens, dude? Nobody is reciting gospel here.

 

[Bosko_Djurovski]

Pralay,

Let's not argue about the fact that nobody, I am aware off, reported any issues when travelling on AP after I-485 approval, since that doesn't prove the rule.

On the other hand I'd like to hear your interpretation of the paragraph in the article you suggested could be enlightening. Here is what it says:

"The general rule is that a foreign national in possession of an un-expired, valid Form I-512, or Advance Parole, may be admitted into the U.S. to continue processing the Form I-485. The examining inspector must, however, be satisfied that Form I-485 is either pending with, or has been approved by, the INS. Inspectors are instructed to ask the applicant about the basis of his or her parole to determine if the explanation and basis on which parole was issued is consistent."

Defered inspection circumstance listed as (c) in the same document relates to individuals with an approved I-485, but no PP stamp or AP document.

None of the statements in these articles implies that AP becomes invalid at the moment I-485 gets approved.

 

[saf]

Thank you for the information, but I never said that it is a true fact. I said to find out about that.

 

[pralay]

None of the statements in these articles implies that AP becomes invalid at the moment I-485 gets approved.

I already quoted the about the "validity" of time period from immihelp.com (see my posting). The language is clear enough. You are more concerned about the language. The languages of most of the law in world do not deal with specific issue. The "period of validity of my driver license from today to my 25th birthday" does mean it becomes "invalid after by 25th birthday". Clear enough?

 

[pralay]

On the other hand I'd like to hear your interpretation of the paragraph in the article you suggested could be enlightening. Here is what it says:

"The general rule is that a foreign national in possession of an un-expired, valid Form I-512, or Advance Parole, may be admitted into the U.S. to continue processing the Form I-485. The examining inspector must, however, be satisfied that Form I-485 is either pending with, or has been approved by, the INS. Inspectors are instructed to ask the applicant about the basis of his or her parole to determine if the explanation and basis on which parole was issued is consistent."

Nobody here mentioned that his/her entry will be denied. In fact I mentioned that there is no ground for denial. AP becoming invalid does not tranform to ineligibility for reentry - and I am sure the 99% times POE officer will grant reentry. "Satisfaction" is subjective and totally depends on POE discretion. They are not even answerable to anybody. But I am sure nobody does not want to be other 1% - not even you.

 

[Bosko_Djurovski]

It looks like we are beating a dead horse here, but let me clarify my interpretation of your quote.

"Advanced Parole(Form I-512) for adjustment applicants will be issued valid for a period which coincides with the time normally required for completion of an adjustment application not to exceed one year. (It means that it is valid for one year looking at the current status of adjustment of status processing.)"

Term valid alludes to time interval that AP is valid for. This is explicitely stated by defining expiration date. Now, the quote intends to provide a guidance to how adjudicator determines expiration date.
If AOS proces is expected to complete within a 3 months period, adjudicator may set the expiration date to 6 months from the date of approval (take this as an example).
Once AP has been approved it is valid until the exiration date. USCIS may revoke an approved AP as a result of underlying I-485 denial which removes a basis for any derived immigration benefit.

Note that my understanding of AOS completion is having a PP stamped and not receipt of approval notice.

 

[pralay]

Note that my understanding of AOS completion is having a PP stamped and not receipt of approval notice.

Abolsutely not. An AOS applicant's status changes AOS adjustee to "permanent resident" from the date of approval - neither from PP stamping date nor from the day when he/she recives approval notice. Passport stamping is merely a procedure after becoming perm resident for ordering plastic green card by submitting index finger print, ADIT pictures and signature - and obviously in addition getting passport stamped as a temporary proof of perm resident status.
Checkout your GC card - it's says "Resident Since: XX/XX/XXXX" - that is nothing but the date of approval.