Spouse not approved and Travel

S

sylvania

Registered Users (C)
Hi All,

As i mentioned in other threads, my case was approved on 03/24 and stamped on 04/07.

I have couple of questions, i appreciate if anyone reply to these.

1. My wife's case is still pending. My attorney said, her H4 is gone after my approval. And she has to travel only with AP. Anybody travelled with primary approved, and wife with AP? any problems?

2. If her485 gets approved while she is abroad, can she enter back in US without any problems using Advance parole?

3. Probably her AP will expire while duration in home country, if she gets her 2nd AP in her absense, Is it Ok to send APs by post to her, so that she can enter witht them?

3. Some people say, it will be quick thing to approve for dependents, once the primaries are approved, is it true? if so how long?

Rd:03/25/2002
Ad:03/24/2004
Stamp:04/07/2004

Spouse:
Rd:05/13/2003
Fp:03/31/2004
Ad:???


Please please post if you have any experience like this, or nay seniors...

Thanks,
 
Hi All,

As i mentioned in other threads, my case was approved on 03/24 and stamped on 04/07.

I have couple of questions; I appreciate if anyone reply to these.

1. My wife's case is still pending. My attorney said, her H4 is gone after my approval.
------ That is correct your wife is no more on H4 status

And she has to travel only with AP.
----- She needs AP filed and approved in US while she is IN US AND AP must be approved BEFORE she goes out of US
Anybody traveled with primary approved, and wife with AP? any problems?

2. If her485 gets approved while she is abroad, can she enter back in US without any problems using Advance parole?
----- YES she can if she has valid AP and enters before AP expiry date
3. Probably her AP will expire while duration in home country,
----- if her AP expires while she is out of US then she cannot enter US
if she gets her 2nd AP in her absence, Is it Ok to send APs by post to her, so that she can enter witht them?
------- She needs her AP approved in hand before she goes out of US. USCIS has warned many times
3. Some people say, it will be quick thing to approve for dependents, once the primaries are approved, is it true? if so how long?
---- Depends on service center and officer, It seems she will get approved with in short time. If she wants to go out she must have approved AP in her hand before she goes out of US and she should be back before AP expiry date
 
Thanks ginnu,

If she applies her 2nd AP and leaves country, and lets say her 2nd AP approved while she is off and her 1st AP is still valid. Can she use 1st AP to re-enter?
 
If she applies her 2nd AP and leaves country, and lets say her 2nd AP approved while she is off and her 1st AP is still valid. Can she use 1st AP to re-enter?

---- She can use first AP that was approved IN US before her departure from US and she should be back before that AP expires.

She cannot use the AP that gets approved while she is out of US that info is provided by USCIS
 
Ginnu,

I was wondering why she cannot enter with the 2nd AP which was approved while she was out of US, Even though she went on first AP...She can stay there and come back with second AP which was approved and her husband can send her in the Email..

How do the people know that she left to INDIA on that particular date, Even on the second approved date it says only the expire date but does't mention the start date but it has the Approved date??, How do the security personal know that she went to India before the second AP was approved???
 
Originally posted by tagore2004
Ginnu,

I was wondering why she cannot enter with the 2nd AP which was approved while she was out of US,
---- go to USCIS site and they have warned that AP must be approved before departure from US

Even though she went on first AP...She can stay there and come back with second AP which was approved and her husband can send her in the Email..
------ USCIS does not agree with your situation they want AP to be applied IN US when applicant is IN US and need to have AP approved BEFORE departure from US
How do the people know that she left to INDIA on that particular date,
------- at this time they have record in USCIS computer who exit US and who enter US
Even on the second approved date it says only the expire date but does't mention the start date but it has the Approved date??, How do the security personal know that she went to India before the second AP was approved???
-------- you should ask this question to CBP or security officer
Click to expand...
 
yes ginnu, u r right. she cannot enter into US If she can't personally take approved AP with her.

http://uscis.gov/graphics/services/emergency/index.htm#Advanced


But i am still wondering, can she use 1st AP(with valid date). And 2nd AP approved(which i am not going to send to her by mail)?

The problem is we need to travel soon, and 1st AP has 3 months. And I don't want it to be cancelled just by applying 2nd AP.

Everytime I apply before 3 months expiry, so if I apply 2nd one, and if i get 2nd AP approved in aprox 2 months. Is 1st AP still valid for 1 more month?
or does she need to be in US before her 2nd AP gets approved(do they automatically calncel previous AP, once 2nd one is approved)?


Thanks,
 
Originally posted by sylvania
yes ginnu, u r right. she cannot enter into US If she can't personally take approved AP with her.

http://uscis.gov/graphics/services/emergency/index.htm#Advanced


But i am still wondering, can she use 1st AP(with valid date). And 2nd AP approved(which i am not going to send to her by mail)?

------ she CAN use the first AP that was approved before she departs US she can use that AP before the AP expiry date

The problem is we need to travel soon, and 1st AP has 3 months. And I don't want it to be cancelled just by applying 2nd AP.
----- first AP is NOT cancelled if you apply second AP
Everytime I apply before 3 months expiry,
-----apply EAD or AP 6 months before expiry date, you can apply new AP any time to be safe even if you have approved AP
so if I apply 2nd one, and if i get 2nd AP approved in aprox 2 months. Is 1st AP still valid for 1 more month?

Fiorst AP will BE Valid till the Expiry date ON IT second AP has nothing to do with first AP
or does she need to be in US before her 2nd AP gets approved(do they automatically calncel previous AP, once 2nd one is approved)?
------ NO they dont cancell the previous AP. she should be back before first AP expires if she goes out with first AP, if she gets second AP in hand before she departs US then she can use second AP.

Thanks,
Click to expand...
 
Thanks ginnu.

My wife wants to stay in India for abt 6 months. Her 1st AP is expiring august 1st week.

So, here is what i am going to do.

We will apply for 2nd AP beofe her departure, and she will come some time early august(before expiry of her 1st AP) with 1st AP. Hopefully she will get her 2nd AP approved. and she takes 2nd AP back personally, and will come back again US in october with 2nd AP.


I feel it's a extra round ticket expennse, but if we are doing nothing wrong, hope it's worth it.

Ginnu,
According BCIS, one has to take AP before leaving US. I guess they meant to travel with valid travel re-entry. How does it happen for people like H1 or H4, if they have alternate valid re-entry permit, and their AP approved in their absence, Is it(AP) still considered valid for next re-entry?

Ginnu, Is there any problem invloved in her OCTOBER(2nd time) entry, since she is going to use 2nd AP which is going to be approved in her absence.

Thanks,
 
Ginnu, Is there any problem invloved in her OCTOBER(2nd time) entry, since she is going to use 2nd AP which is going to be approved in her absence.

----- read the USCIS guidelines or warning they are very clear and i hope you can understand them, they want the person to be IN US when AP is approved. for more discussion please contact your lawyer or USCIS . I will go with USCIS guideline .
 
Ginnu and others,

How about this way !

Spouse travelled on first AP(zerox copy not original AP) and applied for the 2nd AP before going to India.

I don't think spouse cannot enter with the copy of AP..,Now the spouse 2nd AP has been approved and spouse has not received the 2ndAP originals....

questions??

1) How can spouse come to US without first original AP before it expires as its a just zerox copy.

2) If the spouse comes after the expire date she may not come but if the spouse goes to the USConsulate and spouse tell them that second Approved AP is also lost...then will the US Consulate will issue 15days temp permit??..they can check with the A# with US CIS and verify and they will say its been approved right...then why cannot the spouse reenter??

3) When went to india..the I-94 was not given at the airport..then how would the Airport officers know that when the spouse when to India??, As the approved AP does't specify the start date??, it only specifies the expire date...

4) If by chance the spouse got the second Approved AP's in mail to India..then spouse can come with the second approved right??..The spouse can say to immigration Airport officers that he/she came to India after the second approved AP??..How does this work??

3)
 
please read the latest posted by Murthy on April 15, 2004
---------------------


2. Favorable Interpretation on Advance Parole

Recently, the U.S. Citizenship and Immigration Services headquarters
office, referred to as Service Center Operations, issued a favorable
interpretation on Advance Paroles. This interpretation will help those who
are seeking to travel and follow the limitations set forth under the
law.

As regular readers of MurthyDotCom and the MURTHYBULLETIN are aware,
the American Immigration Lawyers Association (AILA) periodically holds
teleconferences with various USCIS officials regarding procedural and
legal matters. On March 29, 2004, there was a teleconference with Service
Center Operations that provided some helpful information regarding
advance parole. The issue was raised regarding travel while an Advance
Parole is pending. Specifically, it was noted that the Form I-131
instructions state that travel outside of the U.S. before the advance parole
document is issued will result in abandonment of the I-131 application.
The AILA Liaison members requested a clarification to assure that this
advisement did not apply universally. The question was whether the
limitation applied to persons who have a previously approved advance parole
prior to departure and for those with pending I-485s traveling in H1B,
H-4, L-1, L-2, K-3, K-4, V-2 or V-3 categories. The short answer is that
the limitation does not apply to these categories, provided the
approved advance parole or above-listed status does not expire while the
person is outside the United States.

Previously Approved Advance Parole

The USCIS stated that if a person has an advance parole and applies for
a new advance parole while in the United States, s/he may travel and
reenter the U.S. using the already approved advance parole. The person
must return during the time period permitted under that advance parole
that was approved before the person's departure. The USCIS specified that
the person cannot remain abroad after the expiration of the first
advance parole and then seek to enter on the second one after it is
approved.

Case Example with Dates

A person has an advance parole that is valid through June 15, 2004.
S/He files for a new advance parole on April 15, 2004, while in the U.S.
On April 20, 2004, the person learns that s/he must travel abroad
immediately. Under the USCIS advisement, the person could leave the U.S. and
reenter on the first advance parole through the June 15, 2004 date. The
advance parole filed on April 15, 2004 will be valid once it is
adjudicated for travel from its approval through its validity date.

It would not be permissible for the person in the example above to
depart the United States on April 20, 2004 and remain abroad past June 15,
2004, waiting for the second advance parole in order to reenter the
U.S. The person could not have someone send him/her the April 15th advance
parole in August 2004 and use it for reentry.

Select Nonimmigrant Classes

Some persons can have nonimmigrant status and an I-485 pending
simultaneously, based on the doctrine of dual intent allowed under law. These
classes of individuals may file for advance parole while in the U.S.,
leave before it is approved, and return using their proper nonimmigrant
visas without abandoning the advance parole. This privilege extends to
H1B, H-4, L-1, L-2, K-3, K-4, V-2 and V-3. These people must be
readmitted in the nonimmigrant status without jeopardizing the pending I-485
application to adjust status.

Case Example for Reentry Using Nonimmigrant Status

A person is in the United States on H1B status. S/He also has an I-485
pending and a request for advance parole filed while in the U.S. Before
the advance parole is approved, the person has to travel abroad. S/He
may depart the U.S. and reenter in H1B status without abandoning the
advance parole request. The advance parole is then available to use for a
future trip.

Conclusion

These USCIS clarifications are helpful as these situations arise fairly
frequently. It is particularly important to have this type of
flexibility, in light of the timeframes for processing advance parole requests
in many cases. We do remind MurthyDotCom and MURTHYBULLETIN readers that
it is necessary to be in the U.S. at the time of filing the advance
parole request. It is also necessary to return to the U.S. within the time
given for advance parole, without exception or delay, unless traveling
on the H1B, H-4 or other nonimmigrant status. Unless a person is also
eligible for entry in a nonimmigrant status that is consistent with the
I-485 Application for Adjustment of Status, we often find that failure
of the I-131 applicant to ensure that s/he has a valid advance parole
to use for reentry can create enormous problems since waivers are rarely
granted in this day and age.

© The Law Office of Sheela Murthy, P.C.
 
Thanks for the post, ginnu. That should be a positive tick on the USCIS's scorecard for coming out with those regs.
 
You must log in or register to reply here.
Top