Info on I-485 approval while overseas

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Amused

Registered Users (C)
Recently, there have been many posts enquiring about this issue, hence wanted to post my experience so that it may help others.

My spouse was overseas when we got the 485 approval. She had a valid AP which she used at the POE to enter. The IO at the primary inspection directed her to go for a secondary inspection, where the officer stampped her AP and I-94 and that was it. Later, she went to the local USCIS office and got her passport stamped with I-551.

While I was researching this issue I came across a few posts where people have mentioned about *deferred* inspection. The website for the Law offices of Murthy also briefly talks about deferred inspection in conjuction with AOS approval and valid AP when overseas:

http://www.murthy.com/news/ukpbadpl.html

"Another common situation, not specifically mentioned in the INS memo but previously authorized in INS instructions, is if the I-485 application is approved after the applicant's departure from the U.S. In that circumstance, it is typical to grant deferred inspection, so that the person can go to the local INS office and obtain the permanent residency stamp in the passport."

But, I was unable to determine under what circumstances a deferred inspection applies. Hence, if any one has more knowledge about it please post so that it may helps others.

Also, if it is appropriate the moderator may want to include this information as part of the FAQ (if it is not already a part of it). Thanks.


***I am not a lawyer; nor is this a legal opinion***
 
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Hi!
AFAIK, it's very usual that all (or most of) AP holders are sent to a secondary inspection.
On other hand , the AP is not an unusual documents nowadays , and the officer shouldn't react to it as an exceptional case (like it was prior to 2001 )
Moreover, from a point of view of an imm. officer , the AP is should be enough to grant an admission. (Deferred means that the admission wasn't granted )

So, I don't beleive that the I485 approval itself could trigger the the deferred inspection

But , again , these ideas are just my application of common sense to my knowledge of the immigration procedures ...

Regards,
Gabriel
 
What I really wander is if the AP/non-immigrant visa are valid if _after the approval_ I leave the US and then try to re-enter using the visa or the AP ?

Let me explain the situation ....
Suppose that I'm traveling abroad (work travel , we have customers overseas) next Monday ...
By some reason I'll not read mails this Friday (Happy Easter !!!) , so if I will be approved (Am I wishing too much ? :confused: ) this Friday , I'll leave the country without knowing that I'm approved ....

In this supposition, when I'll go back the next weekend , the imm. officer will see in his computer (do they have all these info ? ) that I left a country after my approval and I'm trying to enter using my non-immigrant visa ...
 
gsala said:
What I really wander is if the AP/non-immigrant visa are valid if _after the approval_ I leave the US and then try to re-enter using the visa or the AP ?

...., the imm. officer will see in his computer (do they have all these info ? ) that I left a country after my approval and I'm trying to enter using my non-immigrant visa ...
Click to expand...

Gabriel,

There are numerous posts on this board discussing this scenario. And, it seems like it's a grey area. I think you will find a few posts where people have actually traveled outside US on AP after the approval and returned back without a problem. Perhaps *this* scenario may make the IO give a deferred Inspection if he can see it in the database?

As to your question, "do they have these info?". Perhaps, they may. There is no definite way to know. Some one posted that, on their return, the POE secondary officer when checking his computer told them that they were approved and that they should go to nearest local office and get the I-551 stamped.

Pralay, thanks for the link.


***I am not a lawyer; nor is this a legal opinion***
 
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