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How To::: AP application for I485 adjustees

Discussion in 'Frequently Asked Questions – I-485 FAQ' started by jaxen, May 12, 2003.

  1. jaxen

    jaxen Volunteer Moderator

    Who is it for : Folks applying for Advance Parole on their own, while on I485 pending....

    Preconditions: I485 receipt , Can also apply along with 485.

    Docs required: AP application Download;2 photos Photo Specs ), check for $ ( for latest fee see the AP application Download link .) a letter explaining why you need AP(sample letters in immihelp), Copy of I485 receipt and a covering letter

    Possible RFEs: some folks have received the following RFEs
    1. proof of marriage if your spouse is the primary applicant
    2. proof of I140 receipt if you are a concurrent filer

    Processing time: varies from service center to service center

    Caveats: BCIS warns that you should get AP approved before leaving US.
    There have been also some posts by 245(i) based 485 applicants whose AP did not save their past indiscretions and were refused entry into US on AP.

    Approval : Form I512L with photo. usually 3 copies. If you get only one dont panic. One is enough.

    Usage: Complete I94 as 485 adjsutee. Just show the AP with photo at the POE. You will be taken for secondary inspection. Get the adjsutee stamp in passport, I94 and AP.
    If european airline, call ahead and find out whether AP document is acceptable evidence of valid immigration status.

    Expiry: Date usually one year from approval date. No concept of renewal. Can apply another before expiry. Can be used multiple times.

    What about H/L visa holders If I485 is pending these categories(H/L) dont need AP for travel. ALL OTHER CATEGORY 485 Adjustees NEED AP for Travel to protect their pending I485

    AP outside US Some of the applicants have received the approval after leaving US and have entered into US successfully. Maybe Luck. Maybe the requirement of AP approval before leaving US is not enforceable.

    Post your corrections in this thread. Over a period of time your corrections if valid will be added to this post (with credit)...

    Jaxen on behalf of many volunteers...
    Last edited by a moderator: May 12, 2003
  2. HR04

    HR04 Registered Users (C)

    Although not formally required, it is recommended to add the following to avoid RFEs (been there, got hit):
    - I-485 of principal applicant
    - I-140 approval notice of principal, if available
    - I-140 receipt notice of principal
    - Proof of relationship to principal applicant,
    along with a translation and a certificate of accuracy.
    (e.g. if the AP applicant is a child - provide a birth
    certificate showing relationship to the principal I-485
    applicant. If a spouse- provide marriage certificate).

  3. ponnuswamys

    ponnuswamys Registered Users (C)

    Advance Parole Question


    I have not attached a cover letter for AP. I have just mentioned the reason for travel in the application form itself.

    I have not attached the birth certificates of my child.

    Is that OK. I have filed on 05/19/2003, I have not yet received the parole.

    Advise me

  4. jaxen

    jaxen Volunteer Moderator

    the ponnuswamys: above is the list of docs required. what do you think? optional or otherwise?
  5. cdesai

    cdesai Registered Users (C)

    Hi Jaxen,

    Where are the sample letters for applying for AP on immihelp. I could not locate them.

    Your help is appreciated.

  6. jaxen

    jaxen Volunteer Moderator

    see this forum..
  7. debdutta

    debdutta Registered Users (C)

    Traveling abroad while waiting for I-485

    Dear Jaxen
    I read your posting which is very helpful. One point is still not very clear. As for my case, the H-1 is valid but there is no more multiple entries (I renewed it recently). Can I go to India with an approved AP? If yes, then will me H-1 be still valid when I come back?
  8. jaxen

    jaxen Volunteer Moderator

    bump down

    bump down
  9. DOLDelay

    DOLDelay Registered Users (C)

    Iam planning to apply for AP by myself and my spouse. Do I need to send both our applications (I-131 and other docs) separately in two envelops or can it be in one envelope with one cover letter.

    Any inputs are appreciated.
  10. Groan

    Groan Registered Users (C)

    New AP form

    The new AP form asks for the following : Any input on what to enter:

    1. Expected date of travel : (I don't know since you take 7 months to process the application )

    2. Expected length of stay ( Is 2 months appropriate ?)

    3. AP for single or multiple-trips (I would like multiple-trips, but is there a justification needed ? )

  11. spratibha

    spratibha Registered Users (C)

    Advance Parole Self Renewal Question

    In the Advance Parole Application form it Part 1, there is a Field called Class of Admission, Any IDea on what to fill in that Column.

  12. ar888

    ar888 Registered Users (C)

    Re: Advance Parole Self Renewal Question

    It is your manner of last entry in to US, if you used H1B, then it is 'H1B' or 'H4' if you used H4, if you used AP, then it's 'Parolee'.

    Please use other forums to post your questions.
  13. ManiG

    ManiG Registered Users (C)

    "????? 2. proof of I140 receipt if you are a concurrent filer ????"

    I am a concurrent filer. I am applying for AP renewal by myself for me and for my wife, i am the primary applicant. I don't have a copy of the approved I-140, the attorney office said that I-140 approval notice belongs to the employer not to the employee. So i don't have a copy of my approved I-140, is it mandatory to attach a copy if it was filed concurrently before ?

    Is it safe to apply now without the copy of I-140 notice or i have to apply thru attorney office, for which i have to pay $125 per person.

    Anybody had experience before, pl share Thanks !

    Any suggestions greatly appreciated !
  14. a_v1

    a_v1 Registered Users (C)

    Can I apply for AP renewal after the 1st AP expired (It expired 2 days back)? Or are we supposed (by law) to send the application before the existing AP expiration data?
  15. ar888

    ar888 Registered Users (C)

    It is not mandatory, if you have one send it.
  16. ar888

    ar888 Registered Users (C)

    There is no renewal for AP. Every time it's a new AP, you can send it now, if you need it.
  17. lubisb

    lubisb New Member

    Travel before AP approved

    My wife was in transition betweeen F1 to AP. Not knowing the restriction, she traveled overseas prior to approval of her AP and went back to the US using her F1 status.

    Will this invalidate her I485? She did applied for the I485 and AP prior to her travel. She just recieved her AP after her travel.

    What should she do? Should she apply for another I485?

    Thans so much for the help.

  18. sfsf

    sfsf Registered Users (C)

    How long one can stay abroad?

    I am applying for my parents AOS (485) along with AP (131).
    I know that it may take 3 months for approval and the validity of AP will be for a year. Can they leave US and stay abroad for 6-8 months and come back to US on an unexpired AP?

    In simpler terms, is there a restriction in the period one can stay abroad while on AP?

    Gurus: Please reply at the earliest....Thanks in advance.
  19. minisantu

    minisantu Registered Users (C)

    How about leaving the country with plans to enter in AP and 485 gets approved while you are outside the country. Then what happens when you re enter with AP? Thanks.
  20. kaq

    kaq Registered Users (C)

    travel document

    I want to visit my home country on travel document. My green card application is pending because of name check. Any potential problem while coming back to US.

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