Travel Issue - Family in India do NOT have AP

S

sept2001

Registered Users (C)
Family in India and Children do NOT have AP - GC might get approved - CSC RD Sept, 2001
  
My wife and Children have traveled to India in May, 2002. They are returning to the US on Sept 2002. For all of us, I-485 was filed in Aug RD is dated Sept, 2001. My Lawyar has NOT filed advance parole for my children (they have filed I-131 for my wife) and so Authorization for Parole of Alien is NOT available for my children.

The current H4 Visas for the family are valid until Jan 2003.

Here are my concerns:

1. It is highly likely that our approval will come through while my family is in India. In such a case, is my H1 valid to enable my family to enter the US on the H4 which is dependant on my H1?

2. What is the impact of my children NOT having approved Advance Parole?

3. Can I file I-131 for my children while the children are in India?. I have copies of their previous I-94, INS standard photographs and all the rest of the reqd docs.

4. Is it advisable that I stamp the GC on my passport, as soon as the I-485 is approved or wait until my family arrives. What is the \'normal\' time within which Passport need to be GC stamped after I receive the approval?
 
Uncertainty

First off, I wouldn\'t put my children\' fate on an armchair opinion and live with the uncertainty until sept 2002. However my take is
1. There are differing opinions as to when GC takes effect: approval date or after stamping date. My personal opinion, it is after stamping date. While they enter US using H4, there is no way for the inspector at POE to link it up to the 485 approval. But if your wife uses AP, then your children might not be allowed in.
2. The impact of your children not having AP is that if the GC is approved, they cannot enter US on H4. They will have to do CP and the wait might go beyond 1 year.

3. INS says that I131 should be filed before leaving US. But nobody prevents you from filing. All those who asked this question and some who did actually file AP when the beneficiary was not in US , have not come back to this forum and given their feedback. Either they were not successful or they dont like to help others.

4. If you get the 551 stamp you definitely are sealing the fate of your children. The 485 approval is valid for a year at least (taken along with a theoritical AP validity). There is no compulsion that you have to get the 551 stamp within 15 days or 6 months.

This is entirely my opinion and might not have any legal validity.
 
thanks - need more details

Thanks a lot Jaxen. I will not stamp Passport.

Will you be more clear on the EVENT of GC approval/I-485 approval (I presume, these are the same - or did you mean, GC approval as Passport stamp) - Children can still come in on H4, right? - the inspector at POE will not be able to link the I-485 approval with the H4. And I will not lose anything by NOT stamping.

Do I have to stamp, if I travel outside the US after I-485 is approved - I am planning to make an India trip by Aug, and return together with my family in Sept, 2002. Can I travel on my H1 even after the I-485 is approved?
 
beware of effect of 485 approval on H1/h4

One thing is for sure...you do not remain on a valid H1B,
once your 485 is approved. It does not matter whether you
get it stamped or not, the fact is that your GC is approved
and you loose your H1 status and inturn your dependendents
loose their H4. If you have not yet got them into this
country on H4 and filed for 485, I guess you will have an
option of consular processing for rest of your dependents,
since you had them as dependents before you got your GC
approved. I do not agree with the assumption that the
inspectors at POE would not know if your GC is approved
or not. I remember reading about a case in attorney
murthy\'s news letter where someones dependent was sent back
from the POE as the H1 holders 485 got approved by the
time they tried to enter hence loosing h1 and h4 status.

Hope this helps...but you should check with your attorney.
 
About applying for AP while people are in India

Hello
Though I\'ve applied for my AP while in the US, I left US before it got approved. But still I was able to come back to the US using the AP (which is approved after I left US and mailed to me by a frnd) without any problems at POE.
 
I-485 was filed for the whole family in Sept,2001 - AP for children was not filed

In my case, I-485 was filed for the whole family in Sept,2001, along with me. My wife and I did the FP in Feb, 2002. The issue is that the lawyer did not file for the AP. My wife has AP.

1. Can I file AP for the children, now when they are in India?
2. Looks like I should not stamp GC on my passport. In this case, how can I travel outside the US? on my AP? or on H1?
 
U can file AP yourself

You can use either AP or H1. If you use AP all your dependents have to use AP. If you use H1 your dependents can use H4 or AP.

We still have not heard from people who applied AP when the applicant was outside US.
 
Lawyer has aggreed to file AP for children while they are in India

I have filled the forms and send over. Fortunately I had the INS speced photographs of my children. I signed the docs. Attached the old the I-94s also. Hope everything will be fine. I\'ll keep everyone posted on how it works out.

Meanwhile, please send info on any cases where AP application was filed while the applicant (children) was outside the US.
 
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