traveling abroad ( AP and VISAS )

F

Fabio

Registered Users (C)
Hi, I came to US in march 2001. I used my tourist visa ( B2 ). Then I applied for a F1 in September 2001 and finally I changed my status to student (F1) in January 2002.In March 2002, I have applied for a green card through my Step-Dad (he is American citizen) and for an AP. I dont have my AP yet, but I want to go back to visit my family since I\'m not taking summer classes. I plan to go to my country on 04/30/02. I have 3 questions:
1- Can my brother send my AP by mail when it is already approved? are there any risks? share your experience...

2- Since my Tourist visa (B2) is valid until 2008, can I use this visa to come back to US without losing my green card application? or Do I really need an AP?

3- I have a new I-94 from my F1 visa, Will I surrender it when I\'m leaving? or Will I surrender the old one ? ( just in case that I leave without my AP )

Thanks for helping...
 
Answers...

1- Generally AP needs to be applied for before your leaving US. You are also supposed to get it nad then only leave US. For family based cases you can get a walk in AP, from a sub office or district office.

2- AP is better and safer. For Adjustment of status you have to be in US(generally). Even if you have B valid till 2008, you will be allowed only for 6 months at a time. Officers at POE might refuse you entry if you try to come back within the 6 months of your previous departure from US. With AP your AOS is safe and you are ensured that you can come in to US within the 1 yr validity period. B visa does not mean you will be let in.

3- Surrender all or the latest I94. For all COS cases the I94s should be the same (or are cross indexed by INS)
 
Thanks Jaxen...just one more question!

Based on your answers, I\'m think about going back home (without my AP in hands). My lawyer is trying to get an AP on emergency bases, but she is taking too long (2 weeks already). You said that Family based cases can get a walk in AP and my lawyer is taking forever to get it done. I do have a valid B2 (tourist visa). Do you think that It will be a problem to leave the country now, and when my AP is approved, I just have someone to send that to me? And If I dont get my AP, can I show my B2 visa at the POE? Will that cancel my green card application ? I think by the time that come back to US (3 months from now) my AP is already approved and then I can use it instead of my B2 (as you said , they might not let me in) . In your opinion, is it possible? I\'ll leave 04/30/02 if I think it is safe to do so. Please help me!
Thanks Jaxen for your help.
 
AP application by mail will take time.

For walk in AP YOU have to go to the nearest sub or district office. Lawyer cannot do that for you.
Might create a issue later when dates of your departure , AP approvals are compared (at the time of 485 approval stamping INS is supposed to do it) and you were out of US when AP approval came.
What status are you adjusting from B2 or F1 (to Green Card). i.e. what is the current status recorded in the 485 application ?

Whatever it may be, For family based immigrants it is always safer to get AP (unlike employment based adjustees where valid H1 holders don\'t need AP) before leaving US.
 
thanks Jaxen...

Thanks for your help, I\'m gonna go the INS District office tomorrow... and I\'m adjusting from F1 to Green Card. I will post my experience so others can see!
 
One more Jaxen...

What should I bring to get my AP at the same day ? Tickets from my trip? Money ? What else do you think that would be nice to have in hands ? Im going there tomorrow and I\'m from Detroit.
Thanks again jaxen!
 
AP receipt notice(if any) , I485 receipt notice from INS are rquired.

see the detroit field office link in INS site for the time and other details. Money might have to be as money order.
 
I almost got it :(

Hi jaxen, I went there but since I dont have my Receipt notice yet , they tried to find my case there(Green card papers that my lawyer sent on 03/08/02) , but they didn\'t find it , now they want to know if the INS has already got the money. If my lawyer can prove that the INS got the money already they will give me my AP.
Thanks Jaxen.. You helped a lot.
 
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