Traveling on AP. Need help

desi_munda

Registered Users (C)
Hello Everyone,

My sister went to India last month on AP. She has pending I-485 petition (dependent application) and her husband's I-485 (primary applicant) was approved last year.
While leaving US, at port of exit her I-94 was taken as done with most on H-1 and other non-immigrant visa holders. She still have her I-94. She is planning to come back to US sometime in July. Will she have any problem at port of entry as she has not turned in her I-94? Does she have to apply for new I-94 at port of entry while come back to US?

Thanks in advance
 
Thansk JK0274 for your reply.

Can you please clarify more clearly about it. My sister is on immigrat status(pending I-485) and she travelled using AP. Stilll she has to turn in her I-94? Also while coming back does she have to apply for new I-94?
 
Basically your sister should have turned in her I-94 when she left. She is not in "immigrant status" as you say, she is an "adjustee" which means she is not yet an immigrant. People in this situation still do need to turn in their I-94 when they leave the US and get a new one on the airplane when they come back to the US on advanced parole. She should follow the directions in the link I gave above for mailing her I-94 back to the US before she comes back - have her keep a copy of the I-94 of course.
 
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