Question on AP - Please clarify

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mmrsagili

Registered Users (C)
My wife and daughter applied for AP in March.
They left to India on 4/28/04.
In the second week of May, USCIS online message showed that "This case was approved. Approval letter was mailed on 5/7/04".
We received them on 5/20/04. To my surprise, APs shows that they were approved on 4/16/04 and valid until 4/16/2005.
The following USCIS memo states that "Individuals travelling abroad must be approved for Advance Parole before leaving the country"
http://uscis.gov/graphics/publicaffairs/newsrels/TravAdvisory3_24_04.pdf

So, though we received them after they left the country, APs were approved before they left the country. So I hope they can use the APs to reenter USA. Is this right?
or do they need to have them in hand before they leave the country?
 
mmrsagili said:
My wife and daughter applied for AP in March.
They left to India on 4/28/04.
In the second week of May, USCIS online message showed that "This case was approved. Approval letter was mailed on 5/7/04".
We received them on 5/20/04. To my surprise, APs shows that they were approved on 4/16/04 and valid until 4/16/2005.
The following USCIS memo states that "Individuals travelling abroad must be approved for Advance Parole before leaving the country"
http://uscis.gov/graphics/publicaffairs/newsrels/TravAdvisory3_24_04.pdf

So, though we received them after they left the country, APs were approved before they left the country. So I hope they can use the APs to reenter USA. Is this right?
or do they need to have them in hand before they leave the country?
Click to expand...

If they had a valid AP (previous one) when they left the country then they could use the new AP to enter the country. They should not have any problem.
 
mmrsagili said:
My wife and daughter applied for AP in March.
They left to India on 4/28/04.
In the second week of May, USCIS online message showed that "This case was approved. Approval letter was mailed on 5/7/04".
We received them on 5/20/04. To my surprise, APs shows that they were approved on 4/16/04 and valid until 4/16/2005.
The following USCIS memo states that "Individuals travelling abroad must be approved for Advance Parole before leaving the country"
http://uscis.gov/graphics/publicaffairs/newsrels/TravAdvisory3_24_04.pdf

So, though we received them after they left the country, APs were approved before they left the country. So I hope they can use the APs to reenter USA. Is this right?
or do they need to have them in hand before they leave the country?
Click to expand...

** read below it may help you, it was posted by lawyer recently( I will go with what USCIS says).

05/24/2004: USCIS Advisory on Importance of Obtaining Advance Parole "Before" Leaving the U.S.

Despite the repeated issuance of advisory on this issue, immigrant community is confused on the consequences of departing from the U.S. after filing but before obtaining the approval of advance parole. As the Summer travel season is approaching, the USCIS issued another warning today that departing from the U.S. "before actually" obtaining the approved Advance Parole can result in the two consequences: (1) Pending I-485 applications can be considered abandoned and terminated, and/or (2) they may not be admitted back to the U.S. after the trip. The confusion stems from the somewhat conflicting reports coming out from the two different agencies: While USCIS warns the immigrants on the deadly consequences of such trip without actual "approved" advance parole, CBP sporadically spreads the messages through seminars or conferences that CBP will admit such travellers inasmuch as the returning aliens carries with them approved Advance Parole. It is urged that the two agencies coordinate the policy and procedures on this issue in order not to confuse the immigrant community.
Pending such coordination, the people are suggested not to leave the country "without the approved advance parole." People may assume that (1) "filing alone" is not enough to avoid one or both of the foregoing deadly consequences, and (2) returning with the advance parole which has been approved after departure from the U.S. may result in cancellation or denial of I-485 applications no matter whether the alien has been readmitted to the U.S. after the trip, should the adjudicator of I-485 learns through the examination of a copy of the passport that the alien departed prior to the approval of advance parole. This web site always advocates conservative approaches and interpretations of the rules not to jeopardize the aliens' legal status.
 
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