I-485 and AP

[sg77042]

My I-485 is pending and I need to travel to India for a period of 1 month.
I will be using the Advance Parole to enter into USA.

What happens if my I-485 is Denied , when I am out of USA ??

Will I be allowed to enter USA at the port of Entry using ADVANCE PAROLE ?

Any suggestion/input is greatly appreciated.

Thanks,
Ramesh.

 

[TheRealCanadian]

What happens if my I-485 is Denied , when I am out of USA ?? Will I be allowed to enter USA at the port of Entry using ADVANCE PAROLE?

Since the AP is issued based upon the pending I-485, it is unlikely you would be readmitted.

 

[DaG]

What happens if my I-485 is Denied , when I am out of USA ??

Will I be allowed to enter USA at the port of Entry using ADVANCE PAROLE ?

No, since the denial of I-485 cancels your AP.

Your lawyer would have to file MTR and you couldn't come back until your case is reopened. Providing your AP is valid by that time...

 

[graduation2003]

My I-485 is pending and I need to travel to India for a period of 1 month.
I will be using the Advance Parole to enter into USA.

What happens if my I-485 is Denied , when I am out of USA ??

Will I be allowed to enter USA at the port of Entry using ADVANCE PAROLE ?

Any suggestion/input is greatly appreciated.

Thanks,
Ramesh.

Hi sg77042,

My attorney usually says that it is a better idea to use H-1B coming back instead of AP if you have a valid H-1B and your GC application is still pending.