Important: What happens to AP renewal when you travel?
- Thread starter gcnotez
- Start date
Actually, my lawyer thinks that one cannot leave the country until BCIS will approve the AP petition.
That's what the BCIS site says:
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http://www.immigration.gov/graphics/services/Emergency/index.htm#Advanced
Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.
***end quote *********
That text is ambigiuos ( as always ): it does not say you can leave if you already have an unexpired AP and applied for another one...
That's what the BCIS site says:
***quote**********************
http://www.immigration.gov/graphics/services/Emergency/index.htm#Advanced
Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.
***end quote *********
That text is ambigiuos ( as always ): it does not say you can leave if you already have an unexpired AP and applied for another one...
Personally, I don't see any problems with that, but BCIS might. The text that I qouted says: should you leave the US before getting an approved AP, your I-485 will be denied. It does not say anything regarding the case in which you already have a valid AP and trying to get a new one... I wish I were wrong though.
waitingforbreak
Registered Users (C)
A valid AP is a valid AP is a valid AP. It shouldn't matter if you have another AP pending with BCIS as long as you travel within the expiry date on the AP in your possession, the current AP.
i131,
the quotation that you have quoted from the immigration.gov website is for people who might have been out of status. what ins is saying is that get you advance parole before you go out of the country so that you will not have any problems when coming back.
so, if i am planning to make a trip for 10 days and my ap is valid for 60 more days, i should not worry.
gcnotez, the question you have asked is very vague. how long is your present ap valid. how long is your trip. can(have) you apply(ied) for your ap atleast 60 days in advance.
the quotation that you have quoted from the immigration.gov website is for people who might have been out of status. what ins is saying is that get you advance parole before you go out of the country so that you will not have any problems when coming back.
so, if i am planning to make a trip for 10 days and my ap is valid for 60 more days, i should not worry.
gcnotez, the question you have asked is very vague. how long is your present ap valid. how long is your trip. can(have) you apply(ied) for your ap atleast 60 days in advance.
disambiguation
hi krishna,
I do have a valid AP and I am travelling within the period. Looks like it should be fine to do so with a renewal pending for future travel. I hope it is clear now. Also, it has been more than 80 days, that my AP has been pending, so that clears your other point also.
Thanks,
gcnotez.
hi krishna,
I do have a valid AP and I am travelling within the period. Looks like it should be fine to do so with a renewal pending for future travel. I hope it is clear now. Also, it has been more than 80 days, that my AP has been pending, so that clears your other point also.
Thanks,
gcnotez.
