Question about advance parole

M

mmdongare

Registered Users (C)
i applied for Advance Parole with I 485 pending in c(9) category for my wife and daughter. Receipt notice for Advance parole is 23 MArch 2006. She will go to india on 25th June and come back in august end. So enough time for AP to beapproved. If her advance parole does not come by 25th june, can she go to india assuming that I will receive it here before she returns and send her the original by mail/courier in India?

Does the VSC know if she left the country before receipt of Advance Parole?

Many thanks
 
do not leave country withour ap

:eek: I got my ap papers within 3 weeks of e-filing. make sure you send the photographs within 1 week of filing.So, the papers should arrive long before leaving.
 
Hello mmdongare,

Your wife should NOT leave the country while the AP is in process. In all probablity she should get the AP before she leaves. If not, postpone her trip by a couple of weeks.
 
Please Help.

Hello,
My husband has an I-145 pending and wants to apply for an AP to go to his country. Could someone please tell me for how long an AP is valid. Is it for 6 months or a year? Also do they approve the application if he just wants to go on vacation or does it have to be more like an emergency or something urgent.
Thank You.
 
Butterfly_Azul said:
Hello,
My husband has an I-145 pending and wants to apply for an AP to go to his country. Could someone please tell me for how long an AP is valid. Is it for 6 months or a year? Also do they approve the application if he just wants to go on vacation or does it have to be more like an emergency or something urgent.
Thank You.
Click to expand...

My experience with Advance Parole was that the document itself was valid for one year. It can be issued for any reason, not just emergencies. I believe my application stated "necessary business and personal travel".
 
Wrong!

rir_or said:
No it does not cancel 485.
Click to expand...

That's INCORRECT! What would the purpose of the Advance Parole document be if it was not tied to the legitimacy of the underlying 485 application?

The USCIS is quite clear on this matter:

Can I Travel Outside the United States?
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States.

You can find the full text at:
http://uscis.gov/graphics/howdoi/legpermres.htm

(scroll down that page)
 
wik said:
That's INCORRECT! What would the purpose of the Advance Parole document be if it was not tied to the legitimacy of the underlying 485 application?

The USCIS is quite clear on this matter:

Can I Travel Outside the United States?
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States.

You can find the full text at:
http://uscis.gov/graphics/howdoi/legpermres.htm

(scroll down that page)
Click to expand...

One exception if the person hold valid H1B or H4 visa. He/she can travel freely without any AP.
 
Travel without AP

You dont need AP to travel outside if you have valid H1. But you need the receipt of I485 before you leave the country otherwise you will lose your 485.

Check this out
http://www.murthy.com/arc_news/a_adpe.html

Read the above link for exact details.

"Applicants for adjustment who use their non-immigrant visas to travel should also take abroad with them the filing receipts for their adjustment of status applications, according to the INS rule"
 
Thanks

:) Thanks to everyone for their valuable contributions. I read that rule but I was wondering if USCIS really is aware that a person has gone out when he/she presents the AP when he/she returns. Anyways, I think what everyone wants to tell me is not to take the unwanted risk. I hope that my wife's and daughters AP comes before 25th June.
 
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