** Need Your Advise **

[fast_gc_seeker]

Unless you have real compelling reasons, get your wife back here before its too late to fly (Medically not recommended).
Also you need to check to see if the airline will permit her to fly at this stage. If you intend to get your wife back to the US, you can get some doctor to certify that your wife is fit to fly and the airline will not have any restrictions after that.
Imagine this, you will have to spend thousands of dollars towards lawyers fees for reopening your case and adding your son to the 485.
This is something for you to think about.
Without an AP for your baby, there is no way they can get back here.

My question and your answer are not linked. Please check the "last" question again.

 

[fast_gc_seeker]

My wifes AP is valid until Apr 2006 but she is currently in India. I'm aware that to apply for her AP renewal she has to be physically present in US. Lets assume she comes to US in Jan 2006 and applies for AP renewal.

Does she have to wait in US until the new AP is approved OR after applying for AP renewal she can leave the country so that it can be mailed once its approved?

gurus, TheRealCanadian any comments on this?

 

[BunnyGC]

Hello fast_gc_seeker,

see below, this is from immigration-law.com archives,i read this long back.
hope it helps, Good luck.

09/10/2005: EB-485 Advance Parole Travellers and Consequences of Returning to the U.S. Without a "Valid" Advance Parole
Nowadays, we see some victims of EB-485 travellers whose I-485 applications are denied for having returned to the U.S. without a valid advance parole. Such travellers include returning in nonimmigrant status other than H-1B/H4 or L-1/L-2 or without a nonimmigrant status such as a parole not based on advance parole. The law is clear in this area. The EB-485 applicants have only two means to travel without abandoning pending EB-485 applications. One is a valid advance parole and the other is a valid H-1B or H-4 or L-1 or L-2. All other entries in other nonimmigrant status or on parole not based on a valid advance parole will be considered "abandonment of EB-485 applications," and the pending EB-485 applications may be denied by the USCIS. Travelling with a "valid" advance parole includes "approved" advance parole at the time of departure from the U.S. and "valid" advance parole at the time of returning to the U.S. If one departs pending application for advance parole which is subsequently approved while the alien is outside of the U.S., returning on such approved advance parole may not comfort with the statutory requirement for travelling on a valid advance parole and such EB-485 applications can also be denied. It is thus prudent that the EB-485 applicants travelling on Advance Paole should schedule international travel leaving a sufficient time to return to the U.S. before expiration of Advance Parole. There are episodes of some of these EB-485 travellers who tried to return to the U.S. after expiration of Advance Parole because of exigent circumstanstances like flight delays or certain natural calamities during the journey and have been paroled in on the humanitarian concerns or other grounds of so-called public interest. Such entry may not save the travellers from potential denial of the pending EB-485 applications. Watch out. People travelling on Advance Parole often fail to distinguish the two issues: One is whether one can reenter the country after the trip, and the other is whether such reentry will still be considered abandonment of EB-485 applications. These are two distinctively different issues. The fact that such travellers were allowed to retun to the U.S. by the immigration officers at the airport on a ground other than a valid H or L visa or a valid advance parole does not effect that such travel will not result in abandonment of the pending EB-485 applications.

 

[july022004]

BunnyGC,
Thanks a lot for the info. That is a very good piece of information. The distinction between the two points is so easy to miss.

fast GC seeker, BunnyGC's post should answer your question. What is your status? AOS or H/L? If you are on AOS, then the best option is to have the baby here. Otherwise I do not think there is any way you can bring the child to US.

Good luck.

 

[fast_gc_seeker]

Hello fast_gc_seeker,

see below, this is from immigration-law.com archives,i read this long back.
hope it helps, Good luck.

09/10/2005: EB-485 Advance Parole Travellers and Consequences of Returning to the U.S. Without a "Valid" Advance Parole
Nowadays, we see some victims of EB-485 travellers whose I-485 applications are denied for having returned to the U.S. without a valid advance parole. Such travellers include returning in nonimmigrant status other than H-1B/H4 or L-1/L-2 or without a nonimmigrant status such as a parole not based on advance parole. The law is clear in this area. The EB-485 applicants have only two means to travel without abandoning pending EB-485 applications. One is a valid advance parole and the other is a valid H-1B or H-4 or L-1 or L-2. All other entries in other nonimmigrant status or on parole not based on a valid advance parole will be considered "abandonment of EB-485 applications," and the pending EB-485 applications may be denied by the USCIS. Travelling with a "valid" advance parole includes "approved" advance parole at the time of departure from the U.S. and "valid" advance parole at the time of returning to the U.S. If one departs pending application for advance parole which is subsequently approved while the alien is outside of the U.S., returning on such approved advance parole may not comfort with the statutory requirement for travelling on a valid advance parole and such EB-485 applications can also be denied. It is thus prudent that the EB-485 applicants travelling on Advance Paole should schedule international travel leaving a sufficient time to return to the U.S. before expiration of Advance Parole. There are episodes of some of these EB-485 travellers who tried to return to the U.S. after expiration of Advance Parole because of exigent circumstanstances like flight delays or certain natural calamities during the journey and have been paroled in on the humanitarian concerns or other grounds of so-called public interest. Such entry may not save the travellers from potential denial of the pending EB-485 applications. Watch out. People travelling on Advance Parole often fail to distinguish the two issues: One is whether one can reenter the country after the trip, and the other is whether such reentry will still be considered abandonment of EB-485 applications. These are two distinctively different issues. The fact that such travellers were allowed to retun to the U.S. by the immigration officers at the airport on a ground other than a valid H or L visa or a valid advance parole does not effect that such travel will not result in abandonment of the pending EB-485 applications.

well that post if not very clear if situation is like following

AP1 - Valid until Apr 2006

An AOS person enters US in Jan 2006 using above AP1 and then applies for new AP2[ie renewal] in Jan 2006. Now if this person has to leave US in Jan 2006 when AP2 is pending, will he/she allowed to enter US on AP2? [AP2 will be mailed outside US once its approved]

Read the above carefully. Its clear that AOS person is leaving US in Jan 2006 when AP1 is still valid and AP2 is pending and wants to enter US using AP2 once its approved. Is this allowed by law? I asked this question to paralegal of my employer and she says AOS applicant does not have to wait for AP2 to be approved and can travel using AP1[provided they return back before AP1 expires].

gurus, ur comments....