If H4 and AP, can I enter as AP?

[lisainaz]

Hi there,

My husband is here on an H4 (I'm the primary H1) and we have an AP that expires Oct. 2004.

If my husband leaves the country and comes back, will he be admitted as an H4 or a AP (Parolee)? Does he have an option? What are the repercussions on our pending 485 if he decides to enter as a Parolee?

P.S. We have a 1st FP scheduled for September 2004.

Thanks in advance for your advice.

 

[max2k1]

Hi there,

My husband is here on an H4 (I'm the primary H1) and we have an AP that expires Oct. 2004.

If my husband leaves the country and comes back, will he be admitted as an H4 or a AP (Parolee)? Does he have an option? What are the repercussions on our pending 485 if he decides to enter as a Parolee?

P.S. We have a 1st FP scheduled for September 2004.

Thanks in advance for your advice.

If he has a valid H4 stamp and also a valid AP and presents both at the PoE, the officer should advise him that AP is not necessary and admit him in H4.
If he does not have a valid H4 stamp, he has no choice but to use the AP.

Make sure that he has a copy(original is better) of his 485 receipt notice - he might need that when entering on H4 ( plus of course docs that prove your H1 status)

Either way, there is no impact on pending 485.