Presumptuous about I-131 (AP)?

T

talkingtac

Registered Users (C)
Hi,

My application for I-131 was approved according to the USCIS website yesterday (10/28/08). Would it be presumptuous of me to buy an airplane ticket for December ~22nd ish to go out of the country? If in the worst case scenario, I don't get the actual AP documents before I leave, is there anything I could do? Any thoughts you guys may have would be appreciated. Thanks!

Here's the message on the online thingy:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

Current Status: Approval notice sent.

On October 28, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
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as long as you are not out of status you can do whatever you like. Please note that USCIS will give you AP and then can prevent you from getting in after your trip.
 
envision said:
as long as you are not out of status you can do whatever you like. Please note that USCIS will give you AP and then can prevent you from getting in after your trip.
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Hi envision,

On what grounds can they prevent you from getting in? I am planning to travel with my husband to my home country using AP this Feb. I hope it wont cause any issues. :(
 
imme said:
Hi envision,

On what grounds can they prevent you from getting in? I am planning to travel with my husband to my home country using AP this Feb. I hope it wont cause any issues. :(
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That is entirely up to the IO you get at PoE. AP allows an IO to parole you into the US, but it is NOT a guarantee you will actually be let in (even says so on the document). Albeit small, there is a risk to leaving to country with AP.

As far is OP goes, under "normal" circumstances, you should be fine to receive your AP documents before dec 22nd, so you could go ahead and get a ticket. However, if you can wait a week buying it, you might as well do that (if your AP is approved, it should typically not take more than 7-10 days to get)
 
imme said:
Hi envision,

On what grounds can they prevent you from getting in? I am planning to travel with my husband to my home country using AP this Feb. I hope it wont cause any issues. :(
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One will be subjected to a 3-10 year bar if they accrued more than one year of unlawful presence when they overstayed their authorized period of stay. Even if they marry a United States citizen it does not forgive the overstay of visa. It would be wise to have the green card in hand before leaving the country.
 
envision said:
One will be subjected to a 3-10 year bar if they accrued more than one year of unlawful presence when they overstayed their authorized period of stay. Even if they marry a United States citizen it does not forgive the overstay of visa. It would be wise to have the green card in hand before leaving the country.
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Ah, in my response I assumed no overstays.

Envision is right though, if you were out of status for more than 180 days before you got married to USC, don't leave the US even if AP is approved as you will be barred for 3 years (10 years if >1 year overstay).
 
Oh okay. Thanks for the clarification.

I am not out of status when I married my husband. Been in the US for 5 years with working visa (L1 converted to H1). My I-94 expires next year in Oct. So I guess I should be okay as far as not breaking USCIS law is concerned?

My AP and EAD are coming up probably in the next week or so (please see my sig) :)
 
Thanks for your insights.
I have not overstayed and I have been on F-1 that won't expire untill 2010. My I-20 is also still in good standing. So no problem there. With airplane ticket prices soaring up, I feel compelled to buy them now, but I will give it a day or two. With the USCIS website update being not so reliable, they might have mailed the document a few days ago.
 
You have a 99.99% chance of having on issues when using your AP.

imme said:
I am not out of status when I married my husband. Been in the US for 5 years with working visa (L1 converted to H1). My I-94 expires next year in Oct. So I guess I should be okay as far as not breaking USCIS law is concerned?
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Traveling to Pakistan a valid visitors visa

Hi all,

My mother's I-485 along with other applications such as AP (I-131) is in progress. She needs to leave for Pakistan immediately for some family matter. Can she go home on her valid visitors visa which is still valid. Her I-94 is good until end of the year (2008). Does she need to wait until her AP gets approved or can she take a flight & fly back home and later we can mail her AP to Pakistan.
Please get back.
 
Atlanta_Brother said:
Hi all,

My mother's I-485 along with other applications such as AP (I-131) is in progress. She needs to leave for Pakistan immediately for some family matter. Can she go home on her valid visitors visa which is still valid. Her I-94 is good until end of the year (2008). Does she need to wait until her AP gets approved or can she take a flight & fly back home and later we can mail her AP to Pakistan.
Please get back.
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My understanding is that if you leave the country after the I-485 has been filed but before you receive the AP, your I-485 will be considered abandonded and you'll have to file it all over again and pay the fees again. And if the I-485 has been filed and then "abandoned" then she will probably have issues using her Visitor Visa since she has already shown "immigrant" intent.
 
TNguy78 said:
My understanding is that if you leave the country after the I-485 has been filed but before you receive the AP, your I-485 will be considered abandonded and you'll have to file it all over again and pay the fees again. And if the I-485 has been filed and then "abandoned" then she will probably have issues using her Visitor Visa since she has already shown "immigrant" intent.
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This assessment is 100% correct.

If the mom leaves, the AOS case will be denied. And she will not be able to re-enter the USA with a visitor visa, certainly not for the purpose of re-filing her immigrant case.
 
Adding another scenario to above -

Q1. What about if someone has a valid H1-B visa until 2010 and AOS application (I130,I485,I131,I765) pending.

Can that person leave USA and comeback with out impacting the I-485?
 
Gladius said:
Adding another scenario to above -

Q1. What about if someone has a valid H1-B visa until 2010 and AOS application (I130,I485,I131,I765) pending.

Can that person leave USA and comeback with out impacting the I-485?
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The H1-B allows for dual intent, therefore you can leave and return on the H1-B and not jeopordize the AOS pending.
 
Hey guys i don't know if the 3-10 yrs ban thing works or may be i was lucky.This is my story.I came to this country with a b1/b2 visa and been here since 2002,worked illegally and made sure i filled my taxes.I met my wife and we got married , lasy yr. To cut the story short i lost my dad and i had to travel and my i485 had not been updated online and went for infopass to get my passport stamped but the guy i saw there said my case was under review and i had to leave for sept but i had my i131.Called cbp and they said i should go since i had my AP.i travelled for over 2 wks and came back and i was parolled into the country under adjustment of status without any problem at my port of entry.my card production was ordered the same day i came back from my trip.Was God on my side or the rule does not apply when u have 1485 pending after interview or wot
 
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