Second opinion

R

ray6855

Registered Users (C)
I am looking for sort of second opinion

Its been over 3 weeks since my wife have H4 interview in Delhi Consulate and the passport is still under "admin processing". This week her AP came and I have mailed it to her and now we want to get the passport back she she can travel on AP.

I was told by company hr that it would be fine, but someone on an another forum said since AP approval came while my wife was out of country, she really can't use it to enter and have to wait for H4 to come through.

Does anyone dis-agree with it?

Thx
 
If your wife left the US before her AP was approved, she cannot use it to come back to the US.

This does not mean that it's never happened, i.e. perhaps some people were lucky enough to reenter the US on APs that were mailed to them. But that would be luck, if it ever happened. Legally, you cannot do so.

Company human resources people are not legal experts (usually). In this case, they are wrong.
 
My lawyer told me that if you enter with an AP someone mailed to you and you didn't wait in the US until it was approved, even if you get in your are still out of status, so you put your I-485 in jeopardy, a possible 3/10 year bar etc. Definitively not worth it.
 
I called up USCIS helpdesk and spoke with some agent about use of AP and below is what I was told.

The AP application has to be filed while the candidate is in US, so he/she has to wait and file I-131 and then they can leave the country after that. Once that AP is approved it can be mailed to them and they can use it to enter, no issues.

I was also told that folks who have GC approved but take overseas assignment for more than 1 year, they do the same process. They file for AP and leave for their work and then someone from US mails them the approved AP.

SO based upon above, I feel pretty confident that it should work out, unless someone has any other known or heard of experiences which differ from it.

Thx
 
ray6855 said:
The AP application has to be filed while the candidate is in US, so he/she has to wait and file I-131 and then they can leave the country after that. Once that AP is approved it can be mailed to them and they can use it to enter, no issues.

I was also told that folks who have GC approved but take overseas assignment for more than 1 year, they do the same process. They file for AP and leave for their work and then someone from US mails them the approved AP.
Click to expand...
You are getting AP confused with reentry permit. Both are applied for using the I-131 form, but they are very different things. GC holders don't get AP. Reentry permits can be mailed to the GC holder when they leave the US, but not AP.

The I-131 instructions say that if you depart from the US before the Advance Parole is approved, it will be denied.

Don't believe USCIS helpdesk people, as they can lead you astray. They are not all seasoned professionals; many were hired very recently and don't know what they're doing. Some work for contracting companies that got the contract by being the lowest bidder.
 
OK, that clear it up.

Didn't realize the various categories of forms 131.

Now does the AP approval which came through after the applicant left the country is really valid for future use? As the instruction say that the AP application will be deemed abandoned if the individual travels before AP is issued?

Thx much
 
You must log in or register to reply here.
Top