Question: IF 485 approved while out of country ...

Nothing special

In India, I just had to show the AP to the airlines. I had to show the AP at all transfer points (muscat and Paris in my case). In Dallas, the IIO took the original, stamped it and returned it to me because it was a multiple entry AP. In theory, the airlines are supposed to take the second sheet of the AP (I guess). But nobody bothered to do so. The IIO in Dallas airport did not tell me that our I-485s were approved. You need to enter the US using I-94 and he will stamp it as "paroled indefinitely".
 
My 2 cents.

I talked to 2 different lawyers:
First lawyer option: you just show AP at POE without mentioning about GC. From her point of view, it\'s enough to get to US and then stamp PP.
Second lawyer option: if you enter the USA using AP after GC approval, you delibarate were using expired and fake document with all consequences. So, he suggest show AP, approval notices and explain situation at POE. Officer at POE suppose to give her deferred inspection.
My wife is going to come to USA mid next week, and I am going to use option #2. I will let you know.
 
My gc approved on jan 15th during that time i am out of usa

I have gone to india on jan 11th 2002, after that my gc is approved. I came to usa on jan 26th 2002 using ap, that\'s when i found my gc is approved(jan 15th). Today jan 31st 2002 I went to local office and got my pp stamped. No where(either at po or local office) no questions or issues.

I think this is not at all an issue.

This is my experience.

Thnx
Rama
 
I\'m not referring to what you can get away with, I\'m talking about the proper way for it to be don

If an I-485 is approved while you are out of the country, the AP is no longer valid and does not permit lawful entry. Yes, it is possible to enter on it if the officer does not become aware it is invalid but it is not the way it is supposed to be done. What IS supposed to be done is the person to be paroled in for deferred inspection (as referenced above). Parole became far more difficult when the memo that I referenced above was issued. I could supply a link to that memo but it is on the AILA website, so the link would not help. That\'s why I recommended the attorney to review the memo. There are hundreds of INS memos that are not listed on the INS website.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
732-644-5702
 
Jim - Explain to me this..

you are saying that AP becomes invalid after GC is approved. I have a pending I485 and I travel abroad on AP. If I am not proactive, I would not know about my 485 approval until I return back to USA. So When I am coming back and I show the AP at the POE, I don\'t know the status of my pending 485 application? Now when I went out, I checked with INS and they said it will take 365 days to process. Although it got approved in 280 days itself ? Am I at fault under this situation ? Or it is one of those arrogant nature of INS that you want GC, better be like slave and beg for it until you get it ?
 
I\'d say you\'re not a fault if you didn\'t know

The problem would come with knowingly entering the US on an invalid document. I really doubt anyone will make an issue of this. Speak to your immigration attorney for specific advice regarding your case, my comment was more of a general nature.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
I think we are spliiting hairs here

Guys,

If you come into the country a few days after your AOS is approved and you left the country a few days/weeks prior, I think you should be fine. If the gap is in months then there could be a problem. Because INS does not want people with AOS pending cooling their heels in Asia or elsewhere for months.
If INS did not want us to travel out of the country then why issue AP and allow H1 visa holders( with AOS pending) to travel at all.

JC
 
Gee, I thought I was a lawyer

Anyway, here\'s a second opinion from Sheela Murthy (I think she\'s a lawyer too):

Another common situation, not specifically mentioned in the INS memo but previously authorized in INS instructions, is if the I-485 application is approved after the applicant\'s departure from the U.S. In that circumstance, it is typical to grant deferred inspection, so that the person can go to the local INS office and obtain the permanent residency stamp in the passport.

The above quote is from: http://www.murthy.com/ukpbadpl.html

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
No Title

My wife just entered the U.S with her AP even after our 485 was approved two months back. She left in November and our 485 approved got approved within a week after she left, since I was here I received the original Approval notice and forwarded it to her to show at POE. But at the POE they just took her AP gave a new I 94 and let her in, we are going for our pp stamping on thursday.
 
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