- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Question: IF 485 approved while out of country ...
- Thread starter kr111
- Start date
Your lawyer is correct
The person would need to be paroled in for adjustment. Parole from overseas has recently become much more difficult. I don\'t think it would present a problem, but it would take some time.
Jim Mills
(Formerly Jim M)
Attorney at Law
732-644-5702
The person would need to be paroled in for adjustment. Parole from overseas has recently become much more difficult. I don\'t think it would present a problem, but it would take some time.
Jim Mills
(Formerly Jim M)
Attorney at Law
732-644-5702
Jim - Please Clarify
Jim,
Could you please explain what u mean by "Parole from overseas" in detail and how long would it take. I plan to travel out of USA for 2 weeks and it is possible that my I-485 application gets approved while I am gone. My lawyer says that she will FEDX me the approval and I can enter with the approval copy of I-485. I have a valid AP and EAD , which I will be carrying with me. Please let me know what else is needed and what is the process acc to your understanding.
Thanks for you help.
Jim,
Could you please explain what u mean by "Parole from overseas" in detail and how long would it take. I plan to travel out of USA for 2 weeks and it is possible that my I-485 application gets approved while I am gone. My lawyer says that she will FEDX me the approval and I can enter with the approval copy of I-485. I have a valid AP and EAD , which I will be carrying with me. Please let me know what else is needed and what is the process acc to your understanding.
Thanks for you help.
ramasamy munusamy
Registered Users (C)
Getting a copy of your approval on FEDEX should be ok
With the approval copy, it should be ok. You may spend few hours at the port of entry with INS inspector, but should not have any problems.
With the approval copy, it should be ok. You may spend few hours at the port of entry with INS inspector, but should not have any problems.
Jumper Cable
Registered Users (C)
Mine was approved while I was on a Business trip to Europe..NO PROBLEMS
I had returned from a business trip to Europe and my I-485 got approved while I was there. My PP has been stamped. No problems so far. There was a gap of only a few days.
I had specifically asked my lawyers about this and they indicated I would be fine as long as I did my PP very soon after the approval.
I would recommend do not stay too long out of the country after the approval.
jc
I had returned from a business trip to Europe and my I-485 got approved while I was there. My PP has been stamped. No problems so far. There was a gap of only a few days.
I had specifically asked my lawyers about this and they indicated I would be fine as long as I did my PP very soon after the approval.
I would recommend do not stay too long out of the country after the approval.
jc
jumper cable
Jumper cable
I guess the question being asked is that at the port of entry
do they raise any question if the following occur
a) You do not have advance parole and have only H1 and get approved and are out of the country
b) You do not have advance paraole and have H1 and have a copy of approval notice recd by fedex from attorney
c) You have advance parole and do not have the approval notice
d) You have advance parole and have approval notice sent by fedex by attorney
what is your opinion on the above 4 cases
This is an interesting discussion
Jumper cable
I guess the question being asked is that at the port of entry
do they raise any question if the following occur
a) You do not have advance parole and have only H1 and get approved and are out of the country
b) You do not have advance paraole and have H1 and have a copy of approval notice recd by fedex from attorney
c) You have advance parole and do not have the approval notice
d) You have advance parole and have approval notice sent by fedex by attorney
what is your opinion on the above 4 cases
This is an interesting discussion
Jumper Cable
Registered Users (C)
RSRGC
I guess the question being asked is that at the port of entry
do they raise any question if the following occur
a) You do not have advance parole and have only H1 and get approved and are out of the country
--This was my case. Entered the country as one normally would.
b) You do not have advance paraole and have H1 and have a copy of approval notice recd by fedex from attorney
--This may lead to complications. May have to do CP...
c) You have advance parole and do not have the approval notice
--Enter the country as you normally would
d) You have advance parole and have approval notice sent by fedex by attorney
--Same as if you have H1.
IMPORTANT:I am not a lawyer. These are just my opinions based on my experience and the research I did during my pre GC days.
BOTTOM LINE: AP and multiple entry H1 are given so that you can travel. INS indicates that AOS case takes around 995 days or something like that. When a person was out of the country and his/her I-485 was approved in say 100 days. How was he to know this was going to happen when the INS said it would take around 995 days.
I think if your approval comes in when you are abroad, return asap and get the PP stamping done.
JC
I guess the question being asked is that at the port of entry
do they raise any question if the following occur
a) You do not have advance parole and have only H1 and get approved and are out of the country
--This was my case. Entered the country as one normally would.
b) You do not have advance paraole and have H1 and have a copy of approval notice recd by fedex from attorney
--This may lead to complications. May have to do CP...
c) You have advance parole and do not have the approval notice
--Enter the country as you normally would
d) You have advance parole and have approval notice sent by fedex by attorney
--Same as if you have H1.
IMPORTANT:I am not a lawyer. These are just my opinions based on my experience and the research I did during my pre GC days.
BOTTOM LINE: AP and multiple entry H1 are given so that you can travel. INS indicates that AOS case takes around 995 days or something like that. When a person was out of the country and his/her I-485 was approved in say 100 days. How was he to know this was going to happen when the INS said it would take around 995 days.
I think if your approval comes in when you are abroad, return asap and get the PP stamping done.
JC
no clear guidelines in the current situation?
the demo is dated dec 20, 2000. and even in that memo, there is no specific mention of the scenario we are considering. the POE officer "should" give a differed inspection ...
since 9/11, i think differed inspection cannot be taken for granted.
man, this is crazy ... but then what isnt ... (sigh) ...
if the lawyer said both H1 and AP are invalidated on GC approval, did he/she answer the question of what one need to do to enter in this case?? i am trying to get hold of my lawyer but havent been successful yet!
thanks for any input!
the demo is dated dec 20, 2000. and even in that memo, there is no specific mention of the scenario we are considering. the POE officer "should" give a differed inspection ...
since 9/11, i think differed inspection cannot be taken for granted.
man, this is crazy ... but then what isnt ... (sigh) ...
if the lawyer said both H1 and AP are invalidated on GC approval, did he/she answer the question of what one need to do to enter in this case?? i am trying to get hold of my lawyer but havent been successful yet!
thanks for any input!
My gc is approved on 01/15/02, during that time i am out of usa.
I went to india on 11/01/02. I am back in usa on 29/01/02. But my gc is approved on 01/15/02. At port of entry i do not have any problem, I do not even know about my gc approval. They let me in. There should not be any problem with this issue to get into usa using your valid AP. Now I am planning for PP stamping during next week, update you next week.
Thnx
Rama
I went to india on 11/01/02. I am back in usa on 29/01/02. But my gc is approved on 01/15/02. At port of entry i do not have any problem, I do not even know about my gc approval. They let me in. There should not be any problem with this issue to get into usa using your valid AP. Now I am planning for PP stamping during next week, update you next week.
Thnx
Rama
AnanthSayan
Registered Users (C)
I did not have any issue
Our I-485s were approved on Jan 9, 2002. We were vacationing in India at that time. We entered the USA on Jan 13th using our APs.
Our I-485s were approved on Jan 9, 2002. We were vacationing in India at that time. We entered the USA on Jan 13th using our APs.
AnanthSayan please respond
Did u have to go to the US consulate in India to get a "Transportation Letter". Were the approvals FedExed to u in India and if yes did u show them at POE. If no, did u inform the officer that yor approval had come wile you were away??
Please provide details.
Thanks
Did u have to go to the US consulate in India to get a "Transportation Letter". Were the approvals FedExed to u in India and if yes did u show them at POE. If no, did u inform the officer that yor approval had come wile you were away??
Please provide details.
Thanks
AnanthSayan
Registered Users (C)
I did not have any issue
Nothing of that sort happened. I did not even know that the I-485s were approved until after I reached home (in the US).
Nothing of that sort happened. I did not even know that the I-485s were approved until after I reached home (in the US).
This recently changed!!!!
Tell your attorney to review Michael A. Pearson\'s Memo of November 28, 2001 and section 211 of the Immigration and Nationality Act. The memo discusses Parole from overseas in detail. It is relatively short (3 pages). Basically, the memo states that border officials and consular officers no longer have the authority to make parole decisions and need the approval of District Directors. I\'m not sure how long this will take but I\'d avoid travel and thereby avoid the potential problems if possible.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
732-644-5702
Tell your attorney to review Michael A. Pearson\'s Memo of November 28, 2001 and section 211 of the Immigration and Nationality Act. The memo discusses Parole from overseas in detail. It is relatively short (3 pages). Basically, the memo states that border officials and consular officers no longer have the authority to make parole decisions and need the approval of District Directors. I\'m not sure how long this will take but I\'d avoid travel and thereby avoid the potential problems if possible.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
732-644-5702
No Title
Jim Mills, I don\'t mean to challenge your authority on this issue but just for my own satisfaction, I went to the INS website section on "INS Policy and Procedural Memoranda". I did not find any memo dated Nov. 28, 2001 by Michael Pearson. There were a few others but none that detailed parole decisions for Adv. Parole users. Just parole decisions that are made abroad were now to be directed to HQIAO. Could you please provide a link to this memo if its avaliable on the website? If not, could you paste an excerpt from this memo for us to read?
Thanks
Jim Mills, I don\'t mean to challenge your authority on this issue but just for my own satisfaction, I went to the INS website section on "INS Policy and Procedural Memoranda". I did not find any memo dated Nov. 28, 2001 by Michael Pearson. There were a few others but none that detailed parole decisions for Adv. Parole users. Just parole decisions that are made abroad were now to be directed to HQIAO. Could you please provide a link to this memo if its avaliable on the website? If not, could you paste an excerpt from this memo for us to read?
Thanks
pentela/rama, Jumper Cable, AnanthSayan - Did the POE officer even ...
pentela/rama, Jumper Cable, AnanthSayan - Did the POE officer even mention that fact that ur GC has been approved and/or give u any "waiver"?? u know, do anything different other than just accepting ur AP and stamping it? also what is the procedure for using AP? do u give a copy at the POE or the original? do u have to give it to the airlines? anything special while leaving India?
so glad to see u all make it back without problems. very reassuring.
appreciate ur help!
Thanks!
pentela/rama, Jumper Cable, AnanthSayan - Did the POE officer even mention that fact that ur GC has been approved and/or give u any "waiver"?? u know, do anything different other than just accepting ur AP and stamping it? also what is the procedure for using AP? do u give a copy at the POE or the original? do u have to give it to the airlines? anything special while leaving India?
so glad to see u all make it back without problems. very reassuring.
appreciate ur help!
Thanks!