Travel on AP - duration restrictions?

A

amk007

New Member
Hello there,
We (me and my wife) are planning to travel to India on advance parole on the 28th of April 2004. I am planning to return in the first week of June and my wife around the second week of July. I heard there might be a retriction on the number of days you can be outside the country when one is travelling on AP. Is that true? If so where can I find more info on this? Also what other documentation do I need while coming back into the country?

Thanks.
 
I think a couple of months should not be a problem. You must get back to US before the AP expires, i think thats the only condition.

My wife was in india for more than 2 months and she was able to get into US without any problem.
 
Hi,

Is there really any time limit to stay outside on AP? AP is normally valid for 1 year. Doesn't it mean that you can stay outside for the validity period of AP?

Thanks,
 
I think you could, the only thing is you need to get back before it expires. My friends wife was in india for more than 6 months and she came back using her AP with out any problem .
 
Hi,

Actually I am going next week to India to bring back my wife who has been there for last 7+ months. We both went in Sep;03 on an AP and I came back in Nov. She was also supposed to come back in Nov but got pregnent and doctor advised her agst the long disntance travel. So, she had to stay back and her AP got expired in Dec'03. Now, we got her new AP on which she will travel back. After contacting the lawyer, customs and immigration officers and reading threads on this forum, I thiught there should not be any problem.

Thx.
 
Actually I am going next week to India to bring back my wife who has been there for last 7+ months. We both went in Sep;03 on an AP and I came back in Nov. She was also supposed to come back in Nov but got pregnant and doctor advised her agst the long distance travel. So, she had to stay back and her AP got expired in Dec'03.
---- ----Here is the problem; her AP got expired while she was in India
Read what USCIS says
http://uscis.gov/graphics/services/...ex.htm#Advanced

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.


Now, we got her new AP on which she will travel back.
--- I think you got her AP approved while she was NOT in US
After contacting the lawyer,
--could you please post what lawyer you contact, don’t the lawyer know what is the stand of USCIS id AP is approved if one is NOT in US???
Customs and immigration officers
----- ----------Where did you contact customs? Or immigration officers? What did they inform you and when they informed YOU?? Do you know the customs and the officer at POE are NOT lawyers?


and reading threads on this forum, I thought there should not be any problem.
------I see a PROBLEM
 
Hi Ginnu,
If you have read my other threads, you will find that I tried all the options to bring her back but none worked. We tried her H4 in India but her fingerprinting was done and she waited for it for more than a month. Then, she got her new AP and consulate officidials told her that she should use her AP instead of H4. They saw her new AP and told that she can use that AP to go to US.

Here, I contacted Border security department in Detroit and talked with couple of officers on a different dates. They all told me that I can send a new AP to her and she can come back on a new AP.

Also, my lawyer told me that when they will find genuine reasons as to why she could not come back before the expiry of her old AP, they will not create any problem.

On this fourm, I have seen few people did the similar thing.

Now, what could be the consequences at Detroit where we will be doing our immigration check if they find that she is using her new AP.

Thanks,
 
Originally posted by sshah1001
Hi Ginnu,
If you have read my other threads, you will find that I tried all the options to bring her back but none worked. We tried her H4 in India but her fingerprinting was done and she waited for it for more than a month. Then, she got her new AP and consulate officidials told her that she should use her AP instead of H4. They saw her new AP and told that she can use that AP to go to US.
---- please remember consulate officidials will NOT be at POE, they get the info from DOS for VISA stampnig they dont have updtes from USCIS for AP as they dont deal with AP. I hope everything goes well.
Here, I contacted Border security department in Detroit and talked with couple of officers on a different dates. They all told me that I can send a new AP to her and she can come back on a new AP.
----- same problem they dont know the USCIS latest stand on the use of AP it is better for your wife if they dont know the latest. They may admit her and no problem once she is admitted.
Also, my lawyer told me that when they will find genuine reasons as to why she could not come back before the expiry of her old AP, they will not create any problem.
------ better if she keeps doctors letter with her and show only if asked, If you have met border security officers in Detroit , if they dont know the latest USCIS stand better for you wife.
On this fourm, I have seen few people did the similar thing.

Now, what could be the consequences at Detroit where we will be doing our immigration check if they find that she is using her new AP.
------ you have posted that you takled to immigration officers and you have got the answer from them.
Thanks,
Click to expand...
 
Hi ginnu,

Today, I went to the local immigration office and there a lady told me that it should be fine and the officers at POE may give little advise to my wife and let her in.

Thanks for your time.
 
If I am in your situation I will still try to get H4 visa stamped from consulate because the lady you met from local immigration office will not be it POE and she said MAY be. did you updte her with printout of USCIS latest stand on AP??

** Iwill go to counsulate and will try to get H4 visa stamp and will NOT show my AP becase H4 will be good back up.
Good Luck!!
 
Hi Ginnu,

Problem is that my wife is pregnent and she is in Mumbai and currently staying very far from the consulate. She already has visited consulate 2-3 times for H4 and they did her fingerprinting that time. It is too difficult for her to travel to consulate frequently. Last time, she was called with the new AP and after seeing that, they told her that she does not need H4 as she has AP.

What consequences can be there at POE if she uses new AP? Can they send her back even after seeing that she is pregenent and that can cause problems to her and baby?

Thanks,
 
sshah1001

Looking at the situation pragmatically, your wife entering on AP would be contrary to the rules as clarified in the recent memo quoted in this thread. However, there are three saving points:

1. There are special circumstances that have delayed your wife's return and hopefully if the need arises she could demonstrate that she did have good intent to return before expiry of the original AP.

2. Even if the AP is not acceptable, from what you have said your wife does have a claim to H4 status.

3. The officer at the point of entry may well not notice anything wrong and admit your wife anyway. Hopefully if this happens it will not leave an adverse blot on her immigration record that may be found later.

If I was you, I would retain an attorney so that if there is a problem then your wife can call them from the airport and hopefully resolve the situation favourably.

Another word of advice is to tell your wife to be very careful what shes says and not offer any information unless asked. The worst outcome would be if she ended up being accused of trying to commit immigration fraud which could arise if she lets on that she knows she is trying to enter under dubious circumstances.
 
Hi DMS,


1. There are special circumstances that have delayed your wife's return and hopefully if the need arises she could demonstrate that she did have good intent to return before expiry of the original AP.

- First of, I am personally going to India to bring her back with me. She had clear intent of coming back in Nov'03 before the expiry of her prev.AP and she had a return ticket also. She also has Doctor's certificate stating the reason of cancelling her travel.


2. Even if the AP is not acceptable, from what you have said your wife does have a claim to H4 status.

- We can say that she tried for her H4 in India but her fingerprinting was done and nothing was found after one month of fingerprinting outcome. After that when she told that she has recd. new AP, she was told that she does not need H4. She personally went to the consulate there and showed new AP.


3. The officer at the point of entry may well not notice anything wrong and admit your wife anyway. Hopefully if this happens it will not leave an adverse blot on her immigration record that may be found later.

We are anyway planning to move back to India due to other family reasons after my wife delivers here. So, I am really not worried about it at this point.


If I was you, I would retain an attorney so that if there is a problem then your wife can call them from the airport and hopefully resolve the situation favourably.

I have told to my company's lawyer already that if there is a need, I will call her from the POE.


Another word of advice is to tell your wife to be very careful what shes says and not offer any information unless asked. The worst outcome would be if she ended up being accused of trying to commit immigration fraud which could arise if she lets on that she knows she is trying to enter under dubious circumstances.
We will not let them know in any circumstances about it. She will simply show new AP and then if there is any need, she will show old AP and other documents.

Thanks,
 
Originally posted by sshah1001
Hi DMS,


1. There are special circumstances that have delayed your wife's return and hopefully if the need arises she could demonstrate that she did have good intent to return before expiry of the original AP.

- First of, I am personally going to India to bring her back with me. She had clear intent of coming back in Nov'03 before the expiry of her prev.AP and she had a return ticket also. She also has Doctor's certificate stating the reason of cancelling her travel.
------------ it is upto the officer if he accepts the doctor cerrtificate, USCIS has NOT said that if any emergency or person is Sick and AP expired and person gets AP approved while the person is NOT in US and gets doctor certificates they will admit the person

2. Even if the AP is not acceptable, from what you have said your wife does have a claim to H4 status.

------I------------- will get H4 visa stamp and will NOT take the risk, poster has posted that it will be difficult for her to visit consulate as she is not staying near to consulate and will not be able to go again to consulate. I dont agree with this argument, she can travel 18-20 hours in flight but cant go to consulate, what a logic? get the taxi , go inside the consulate and sit inside the consulate when name is called go to window if asked to pay the fees just pay the fees and get the token and with token any other relative can collect her passport after 3-30 PM

- We can say that she tried for her H4 in India but her fingerprinting was done and nothing was found after one month of fingerprinting outcome.
--- these days anybody can be fingerprinted and after october all Visa staps will have fingerprints on Visa sticker, if they did not found anything with her fingerprints why did not you get H4 visa stamp, this simple question you may face from POE officer

After that when she told that she has recd. new AP, she was told that she does not need H4.
------ If I am the CBP officer I will telll you that consulate has nothing to do with AP, they dont issue AP and dont know the recent USCIS regulation for AP, AP is issed by USCIS not by consulates or DOS, so they dont know the use of AP, if you have any arguments go back and get H4 visa and enter I am supposed to follow what USCIS says I work under DHS and USCIS is part of DHS, I dont follow what DOS or consulate says for AP becase they dont deal with AP, EAD they only deal with Visa

She personally went to the consulate there and showed new AP.
------ that is not my problem, I will only admit her if she has H4 valid visa stamp or her AP was applied and Approved while she was IN US

3. The officer at the point of entry may well not notice anything wrong and admit your wife anyway. Hopefully if this happens it will not leave an adverse blot on her immigration record that may be found later.

------ it MAY happen, but I will not take the risk

We are anyway planning to move back to India due to other family reasons after my wife delivers here. So, I am really not worried about it at this point.
------- it seems that she is only coming to US for baby delivery, she is pregnent and dont try to give her tensions, better get H4 visa, if refused entry at POE the pregnent lady may again have to travel back from POE to India

If I was you, I would retain an attorney so that if there is a problem then your wife can call them from the airport and hopefully resolve the situation favourably.

-------- you must talk to good attoneny before you go to India and seek legal advice

I have told to my company's lawyer already that if there is a need, I will call her from the POE.
------- what advice your comany lawyer gave you? did you inform the lawyer that her AP got expired in India and you get AP for her while she was IN India. is the lawyer ready to give you in wrtiting that she should be admited with AP that was approved while she was out of US? does the lawyer provide you any law/regulation/memo that says that she must be admited to US based on law/regulation/memo so that your wife can present it to CBP inspetor if any problem?? ask the lawyer

Another word of advice is to tell your wife to be very careful what shes says and not offer any information unless asked.
-----correct, at POE or at consulate if she goes for H4 stamp
The worst outcome would be if she ended up being accused of trying to commit immigration fraud which could arise if she lets on that she knows she is trying to enter under dubious circumstances.
We will not let them know in any circumstances about it. She will simply show new AP and then if there is any need, she will show old AP and other documents.

----------------------- when you enter on AP the inspector will take her to secondary inspection in diffrent room, he checks the USCIS computer system with the A# and name on AP, he checks if I-485 is pending and he ALSO checks when AP was applied and was approved by USCIS, he also checks the exit date from US as she surrunderd her I-94 when she went out of US, they have record of immigration petitions filed, approved, pending with USCIS.

Thanks,
Click to expand...
 
Hi Ginnu and all,

Finally, I could bring my wife back to US with me on her new AP. No questions were asked at immigration counter at Detroit.

Thanks everyone for your help and time.
 
sshah1000

Congratulations - you lucked out.

I very much doubt the USCIS would ever be organised enough to pick up on this minor apparent misdemeanour in the future, so I think you can sit back and relax now.
 
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