Outside US with AP and I-485 Approval

[Flying123]

I have been confused about the situation if somebody is traveling outside US and planning to come back with AP, how he or she will need to do if I-485 is approved while the person is not in the US.

I asked my lawyer last week, and he said USCIS would never make an I-485 decision during the time when the applicant was traveling abroad with AP. Is this true?

 

[max2k1]

I have been confused about the situation if somebody is traveling outside US and planning to come back with AP, how he or she will need to do if I-485 is approved while the person is not in the US.

I asked my lawyer last week, and he said USCIS would never make an I-485 decision during the time when the applicant was traveling abroad with AP. Is this true?

Technically your lawyer is correct. USCIS is supposed to suspend processing on a AOS case when the applicant is out of the country.
Practically, they don't care (which is a good thing !) -- I've seen numerous applications get approved when the applicant was abroad.

Anyways, as long as you re-enter using a valid AP, there is absolutely no problem if you get approved when you are gone.
You'll be given "Deferred Inspection" and would be asked to go to the nearest ASC soon to complete the I-551 process. No problems at all when you have AP.

 

[Flying123]

Thanks

Technically your lawyer is correct. USCIS is supposed to suspend processing on a AOS case when the applicant is out of the country.
Practically, they don't care (which is a good thing !) -- I've seen numerous applications get approved when the applicant was abroad.

Anyways, as long as you re-enter using a valid AP, there is absolutely no problem if you get approved when you are gone.
You'll be given "Deferred Inspection" and would be asked to go to the nearest ASC soon to complete the I-551 process. No problems at all when you have AP.

Thanks for the nice info. I think I can travel abroad with a valid AP without I-485 approval. The worst situation is the "Deferred Inspection", right?

 

[max2k1]

Thanks for the nice info. I think I can travel abroad with a valid AP without I-485 approval. The worst situation is the "Deferred Inspection", right?

Actually lot of folks here would like to be in that "worse situation"

But yeah -- only thing you need to ensure is to make sure your AP is valid.

Also it won't hurt to carry copy of 485 receipt notice (if available -- not essential - take it if you have it)