I485 approved while not in USA

R

Rolling Hills

Registered Users (C)
I plan to visit my little aunt in India by using AP in April. However, my I-485 approval is approaching.

If my I-485 case is approved while I am not in USA, can I enter USA with AP without any problem?

If my I-485 case require a REF, can my attorney and my spouse handle it for me?

If my I-485 case require an interview, can my attorney and ...? No such can my ...!!
 
1. Yes
2.No. For a RFE your presence will make all the differene. This response is based on a general judgement about the person who posed this question. (d???ce)
3. NO.
 
Continue...

Hi, Jaxen:

If my I-485 case is approved while I am not in USA, I can enter USA with AP without any problems (I suppose it is true). What about the passport stamping and the plastic card? I read some postings on this forum before saying that you must be in USA while your I-485 is approved.

For my second Q, I think my attorney and my spouse can handle it if my spouse is the primary applicant. Not so sure though.

The third Q is a stupid one for laughing.

Jaxen, I do appreciate your expertise.
 
Technically you should NOT enter the US on your AP but you should apply for deferred inspection. You should present your I-797 approval notice for your I-485 to the examining officer when seeking re-entry, and you should be admitted to the U.S. for a period of time during which you will be required to obtain your permanent residency stamp.

This is really the proper way to reenter when the GC is approved and you are overseas.
 
That makes sense. How to apply for deferred inspection? You mean just present I-797 approval to the inspector?

Jim, thank you very much for the clarification.
 
Shouldnt the AP also have not expired, regardless whether you will actually use it to enter?

I would also like to know more about deferred inspection and how to go about it?
 
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