Old-timers, any advise on 245(i) traveling with AP?

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npnjan02

Registered Users (C)
Guys, I think I know the answer of this question but I was wondering if actually anyone had experience of this nature.

As you see, our case is a 245(i). My wife is going back home as she's will attempt to come back with AP. The application for the AP stated that if it is a 245(i) case (or similar) probably the applicant will not be admitted back to US once they leave. The actual AP states the same.

So, anyone done this successfully and has a story will to share?
Thanks in advance!
 
npnjan02 said:
Guys, I think I know the answer of this question but I was wondering if actually anyone had experience of this nature.

As you see, our case is a 245(i). My wife is going back home as she's will attempt to come back with AP. The application for the AP stated that if it is a 245(i) case (or similar) probably the applicant will not be admitted back to US once they leave. The actual AP states the same.

So, anyone done this successfully and has a story will to share?
Thanks in advance!
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Well, I feel you are taking a HUGE risk by sending your wife out of US on a pending 245(i) case. As per law she will automatically invoke the 3 year or 10 year ban once she departs US. THE AP WILL NOT ENSURE HER RENTRY. I will strongly, strongly advice you against making any travel plans for you or her until your 485 is adjudicated.
 
Yes we know... but we're out of choices here. We've got tons of personal reasons and her departure is a strong necessity. No other choice! Plus, now that the case got transferred to local office, she's lost any hopes for an approval within next 6 months. You can see my details, it's been a long journey and we often ask ourselves - is that all worth?

Anyway, I've talked to people who have used APs, /unfortunately not one with 245(i)/ and they all say the immigration check is very simple as in most cases - none. The IO looks at your passport and AP, stamps it and let you go. Very rarely they would ask also for the receipt of your I-485.
Thanks for you concern sertra2002!
 
I am not sure whether the immigration check is as simple as checking your PP , AP etc.

The last two times we used AP , we were taken into a different room and made to wait for 10-15 mins before they let us go. We think they looked at our cases using the A# before stamping the I-94 but this doesn't mean they do this for everyone.

Just my 2 cents ... and wish you guys get the approval before she has to travel.
 
Did both of you apply for 245i?

The reason I ask is if she didn't apply for 245i, then she can safely travel. Otherwise, I would not recommend it. You really have to weigh the advantages vs. disadvantages.

Another question I have is, Can a dependent file for 245i based on primary applicants labor or past immigrant petition?

Good Luck.
 
srireddy said:
The reason I ask is if she didn't apply for 245i, then she can safely travel. Otherwise, I would not recommend it. You really have to weigh the advantages vs. disadvantages.

Another question I have is, Can a dependent file for 245i based on primary applicants labor or past immigrant petition?

Good Luck.
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Well, that's a question for our attorney. As far as I recall, she didn't apply for 245(i), but she's out of status (long expired H1). Thinking now though, she must have, otherwise on what grounds is the I485. She's got 3 approved EADs and one AP.

Our attorney has retired and dealing with the circumstances around that is something I don't want to even think about.
 
npnjan02,

I don't know about your personal reasons.
But I would suggest to delay her journey as much as possible you can.
Hope you will get interview call by the time.
Good Luck,
 
npnjan02 said:
Well, that's a question for our attorney. As far as I recall, she didn't apply for 245(i), but she's out of status (long expired H1). Thinking now though, she must have, otherwise on what grounds is the I485. She's got 3 approved EADs and one AP.

Our attorney has retired and dealing with the circumstances around that is something I don't want to even think about.
Click to expand...

Also, if you atty is retired. Try to find a good attorney as this is not a matter to take a chance. Good Luck.
 
npnjan02 said:
Guys, I think I know the answer of this question but I was wondering if actually anyone had experience of this nature.

As you see, our case is a 245(i). My wife is going back home as she's will attempt to come back with AP. The application for the AP stated that if it is a 245(i) case (or similar) probably the applicant will not be admitted back to US once they leave. The actual AP states the same.

So, anyone done this successfully and has a story will to share?
Thanks in advance!
Click to expand...

You said that even the AP itself states that the case is 245(i). So if your wife tries to enter on an AP that clearly identifies your case as a 245(i) case, and warns that entry is not guaranteed ... that's taking quite a risk. I assume the trip to India is a matter of life or death. Otherwise, I would not even consider leaving.
 
The attorney is strongly against. He insisted that we do not proceed with this /traveling with AP/, and we have considered his opinion so far. Now, we have no choice. He even stated that if my wife leaves, he will drop the case and not cooperate further. No offense to lawyers, but he hasn't helped that much, and we don't expect anything further since he's retired.
 
npnjan02 said:
Wife came back successfully - a 245(i) case with AP.
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Congrats :)
Good for you .... I think this is the first case that I've heard of w.r.t using AP in a 245(i) case.
 
max2k1 said:
Good for you .... I think this is the first case that I've heard of w.r.t using AP in a 245(i) case.
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Invoking 245i does not necessarily mean you are subject to the 3/10 year re-entry bars. That's an important distinction.

First, an EB-485 applicant may be required to invoke 245i if he or she had been out of status (but not illegally present) for more than 180 days prior to the I-485 filing. Since no illegal presence was accumulated, they can travel, but they still need to claim 245i relief since they were out of status so long.

Second, an FB-485 applicant (in FB1 through FB4) may be required to invoke 245i if he or she had been out of status even a single day before the I-485 was filed, since 245k relief is not extended to FB filers.

Even if the wife was subject to the re-entry bars, enforcement can be somewhat spotty. I'm curious, however, what will happen at the interview.
 
TheRealCanadian said:
been out of status (but not illegally present) for more than 180 days prior to the I-485 filing. Since no illegal presence was accumulated, they can travel, but they still need to claim 245i relief since they were out of status so long.
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How does USCIS differntiate between out of status vs. illegal presence? What are the criteria? Would being out of status revert to being illegally present in the country?
 
:) hi Npnjan02

After a long time i logged in. I am really glad that your wife made it. ;)

HI frodo,

anytime your legal status expires for example the day your any type of visa expires. you have to reaply for expansion or get another visa. if you don't, in 180 days then you are illegal. :cool:
 
taruwish said:
HI frodo,

anytime your legal status expires for example the day your any type of visa expires. you have to reaply for expansion or get another visa. if you don't, in 180 days then you are illegal. :cool:
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Thanks that makes sense. So staying beyond any grace period while out of status could make you illegally present in the US. Also, I suppose if you illegally enter.....
 
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