Travelling on current AP & Re-enter using new AP

K

kvanitha

Registered Users (C)
Hi,
I am planning to visit India(due to important reason) during June/July using current AP which expires on 7/29, but I will be returning only during Nov 05. So, can I apply for AP renewal before leaving to India, then my husband can receive it and send me when I will be in India.
Can I use the renewed AP to re-enter USA during November?

Your advise greatly appreciated.

Thanks
 
I would not risk it.

From Murthy.com

My AP extension and I-485 (dependent) were approved as soon as I left for India. Any advice?

Attorney Murthy : A person is allowed to attempt to enter on the AP, but there is a risk of his/her being denied entry on that AP since the AP was approved after the person had departed the U.S. If the prior AP is still valid, then one should return to the U.S. on the earlier, unexpired AP before it expires to avoid a major complication in reentering the U.S. or risk being sent back on the next flight after being put into detention - sometimes with handcuffs!
 
If you search around here you will find a reference to a fairly recent USCIS memo that explicitly states that what you are trying to do is not allowed. Your only options are to get the new AP before you leave; or travel as planned, but return prior to expiry of the original AP and then go back to India when you have the new AP.

I would have thought that if you apply for a new AP now you will have it during July anyway.
 
That's right.
I too had similar plans and now my lawyer has asked me put my travel plans on hold.
We need to be physically present in the country while we apply the AP and should receive the approval before we leave the country.
 
Just to clarify what 'gcsfo' says, you don't need to remain in the country while an AP renewal is pending, or even be present when it is approved. So for example, the following timeline is allowed:

6/10: You apply for renewal of your AP which expires on 8/20.
6/15: You leave the country for a trip.
7/12: Your new AP is approved (valid from 7/12/05 to 7/11/06).
7/30: You return using your original AP.
8/10: You leave again, intending to return using the new AP.

The easiest way to think about it that covers most situations is:
"The AP that you use to reenter must have been valid (and received by you) at the time you left."
 
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