Need clarification: AP renew- has to be in US when approval?

haoyun04

Registered Users (C)
my AP will expire in Jan. I will have a trip in Dec to Jan 06. My lawyer is going to file AP renew early Nov.

if renew AP is filed when I am in USA and approved when I am outside USA, is the renewed AP valid? The reason I ask this question is that some one said, applicant has to be in USA when file and when approve. Some clarification?


I have the existing AP which will expire in Jan, and I will bring the existing one with me in this trip.. Can anyone confirm?
 
Can't you file the renewal once you come back ??
APs are getting processed in about 4 to 5 weeks ....... so its not that bad a wait !

That way you avoid any controversy !
 
haoyun04 said:
The reason I ask this question is that some one said, applicant has to be in USA when file and when approve. Some clarification?
Do not depend on some one for immigartion info' as far as possible.
Read your self here:
http://uscis.gov/graphics/services/Emergency/index.htm#Advanced:

Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad.*** 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.
Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

Filed an application for adjustment of status but have not received a decision from the USCIS;
 
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