Travelling w/o AP

Hi Everyone,

Consulted a reputed lawyer on my friend's issue. The best option suggested was to apply for a H1 visa, go to India, get the H1 and H4 stamping done at the same time(for the husband and wife) and return.

Just an FYI.

Will update this thread with the actual outcome whenever that happens.

Regards,
 
BitterMan

BitterMan,

Please don't misunderstand me. I wasn't running you or your contributions down! For the record I very much appreciate and welcome them on this forum when you draw light on the obscure points of immigration law.

My main target of my post was SAI4567, who absolutely refused to actually read, understand and co-relate, the thread above to his/her own situation. My conclusion was that people on this thread, (you definitely included), provide advice for free, and it is the duty of the person posting questions to research a bit on their own and then ask questions. In this particular thread, everything worth discussing on this topic had already been discussed, insead, SAI4567, wants to be spoon fed with an answer targeted towards his/her PARTICULAR situation.

Hence my rejoinder to SAI4567, to consult a lawyer if there are specific confusions about his/her individual case, and if he/she cannot understand basic English.

Sorry if it came across that I was criticizing you. That wasn't my intention at all. Sorry about that!

Originally posted by BitterMan
140_takes_4ever,

you know, sometimes reading a question (no matter how simple or complex it is) I question myself - whether the person had any legal advice on this? Of course, it is absolutely true that I have no legal or paralegal background, so my opinions should not be perceived as a legal advice, no matter how authoritative I may sound. But, to say the least, my opinions help people to reorient themselves in the chaotic world of immigration laws and procedures. In fact, this is the main reason I'm here. For years I've been reading (or, I'd rather characterize it as "scanning") this forum without ever having a login. But at some point, I could no longer stand the level of ignorancy (in my opinion ;)), so stepping in and explaining a thing or two seemed logical... The greatest reward I've had is that people actually listen to what I say, and learn.

Some mistakes are better corrected before they made, don't you think?
Click to expand...
 
Re: BitterMan

140_takes_4ever,

I did not take your post on my personal account, actually. So, no worries there.

As for people who jump in a middle of remotely related thread and ask their own question out of context,.. well there is nothing you can do about it. Think of it in the following way: not every inhabitant of internet is properly educated in the network etiquette. It is like lack of good manners in a civilized society - such individuals exist, have to be tolerated and there is not much you can do about them.

And thanks for flattering words :) I seek no fame, though. All I seek is the truth, no matter how silly it sounds.
 
Hello you both: bitter man and 140_takes_4ever. First of all, I am surprised you think that both of your exchanges above were relevant to this thread.
Secondly, I am a little discouraged by your comments. People come here to ask for help and most importantly support. Your comments above were neither helpful, nor supportive. At least bitter man provides some useful information to participants, I am not clear of the 140_takes_4 ever mission on this forum. I sensed a great deal of arrogancy and I find it very unfair to myself and other participants.

I am one of the newer users to this or any other forum and it is true that sometimes it is hard to find the correct thread to post your question. So whenever you see some relevant comments, you just jump in to the action.

We all in this together. It is that simple. So there is not need for this BS. This forum is not a place to judge other people's choices and decisions.
Enough said.
 
I totally agree with Citrusfrost. I also sensed a great deal of arrogancy from 140_takes_4ever. If 140_takes_4ever felt that I asked dumb question or unrelevant to this forum, he should not have answered my posting. Nobody should dicourage other members from posting their queries or thoughts. This is friendly portal where we get lot of good information and know-how about real time experiences from various participants related to immigration matter.
BTW I asked my GC lawyer and he told me that my wife still can use AP (she left US before she could get AP approval) while coming back to US and she will not have any problem.
 
Originally posted by SAI4567
...I asked my GC lawyer and he told me that my wife still can use AP (she left US before she could get AP approval) while coming back to US and she will not have any problem.
Click to expand...

You might want to read this before making any decisions, though. This is an actual excerpt from instructions for I-131 form (which you use to apply for advance parole, you know):
Effect on Travel Before the Travel Document is Issued.

Departure from the United States before a decision is made on an application for a reentry permit or refugee travel document does not affect the application. Departure from the United States or application for admission to the United States before a decision is made on an application for an advance parole document shall be deemed an abandonment of the application.
Click to expand...

But of course, you must believe your lawyer, that's why you hired him in the first place, right?
 
citrusfrost, SAI4567,

Obviously you guys like to abuse a good thing. Sure the advice here is free, and voluntary but that doesn't mean people should treat it like dirt! No one is getting paid to help you, but on the other hand people do genuinely want to help. So help them and yourselves by researching your situation in the archives, is that so bloody difficult to do? Do you think that is a wrong thing to say? Or do you believe that every question, no matter how many times it has been asked before needs to be answered?

Stepping backwards to accomodate lazy bones seems to have become the norm, the moment you say something contrary, immediately there jumps another soul who wants to argue that it is their birthright to be lazy and not contribute helpfully to the forum.

As far as my arrogancy or helpfulness on the forum is concerned, thank you very much but I don't need lessons from you on it.

With regards to SAI4567's following comments are concerned, with a lawyer who obviously doesn't know diddly squat of the law, it is no wonder you are confused about the situation. I withdraw my previous post in which I criticized you for being confused. Your lawyer is obviously blowing smoke up your face. I would definitely consult a better lawyer on the AP usage.

Originally posted by SAI4567
BTW I asked my GC lawyer and he told me that my wife still can use AP (she left US before she could get AP approval) while coming back to US and she will not have any problem.
Click to expand...
 
Hi BitterMan, 140_takes_for_ever,

My friend's AP got approved today. When my friend's husband discussed the possible issues at the port of entry, his lawyer seem to have said that it should not be a problem as the AP for my friend was filed before she left for India. Two other lawyers were of the same opinion as you guys.

I can understand why SAI...is so confused.

Probably towards the mid september, I should have a clear picture of what happened with my friend's case. Needless to say that my friend's family is now kind of confused too.....
 
harac,

I guess it is possible for a certain AP application to fall through cracks and still be approved even if the applying person leaves the country. Logically, this could happen for two reasons. Firstly, the leaving person does not surrender his/her I-94 at the time of departure. And secondly, the fact that the person left was not propagated yet to the adjudicating officer. In both cases, I would choose a conservative approach and elect not to use such an AP. Why? Here's my reasoning:

- If the person in question did not surrender his/her I-94 at the time of departure, technically, it is a violation of immigration procedures. Well, there are situations when you do not surrender your I-94, but it is clearly not one of them. Therefore, the adjudicating officer was not informed of the person's departure and therefore the AP was obtained through misinformation. Use of such an AP is highly undesirable.

- If the adjudicating officer was not timely informed of the person's departure, then one could argue that the AP is valid because it was issued in spite of the fact of the departure. However, this argument can lead an immigration officer at POE to cancel the AP right on the spot. So, this situation is not pretty as well.

So, what if an immigration officer at POE will not ask any questions about the prior departure and admit you in the country? Well, this could happen as well. But, as a reasonable person, I would not rely on it. Because if the officer will not admit you, you will be placed into removal proceedings (provided that you don't have any other valid entry document; or even if you have one, because attempting to gain entry using an invalid document is already breaking the law).

OK, what to do? Stick to the original plan of getting H-1B and H-4. As with any entry document, admission is not guaranteed, but chances are MUCH higher.

Again, this is only my interpretation and it should not be used instead of a legal advice. I should probably add a "legal disclaimer" mumbo-jumbo to my signature ;)
 
140_takes_4ever@ I just hope that you are getting some comfort from attacking people at this forum. And while we are firing our bad immigration attorneys, and hiring new ones, you do your part and hire a damn good therapist.
 
Last edited by a moderator:
citrusfrost,

My last comment to you on this topic, get a life! Try to understand what I am trying to say in my posts, don't keeping bitching about because you don't understand simple English!

I have clearly explained my point of view, in case you still have a problem, I suggest you ignore my posts the way I have you on my ignore list starting from now.

With regards to my comment on hiring a good lawyer, it was a well intentional post! With GREAT IMMIGRATION ADVICE. If you wish to leave the country without an approved AP, I say go right ahead. This conversation is definitely OVER!


Originally posted by citrusfrost
140_takes_4ever@ I just hope that you are getting some comfort from attacking people at this forum. And while we are firing our bad immigration attorneys, and hiring new ones, you do your part and hire a damn good therapist.
Click to expand...
 
AP Usage

Hi inssucksforever,
Thanks for sharing this info. It's very informative link. I hope this information would clear everybody's doubt.


Regards,
 
Re: From Murthy

Originally posted by inssucksforever
Harac, Bitterman,

Please check out below link, it might help clarify some of your perceptions about AP. Please note this bulletin was posted on 14th Sept 2001 .

http://www.murthy.com/ukpbadpl.html

:p
Click to expand...

Since you are addressing this to me, then please show me where "my perceptions" differ from what is said in the linked article. I'm extremely curious :)
 
AP deferred inspection?

Hi,
The RD for my AP application is July 14th and I need to travel the first week of November. It is somewhat or perhaps even very unlikely that it will be approved by then.

Is deferred inspection, para (b) in the murthy.com link viable? I can get the receipt notice of the AP from my attorney and I have the receipt notice of my I-485 (WAC-02-157).

The clause states that the applicant will be paroled for a short time within which he/she has to produce the actual documentation. Assuming no gotchas (I have had 2 EADs and 1 AP approved with no RFEs, etc) I should be able to produce the AP approval after I return in mid-November.

TIA
 
explorer,

I think it is always easier to go for an emergency AP, as compared to expecting the INS official at the post to know the finer points of the law. Offcourse you could fight it in court and win, but who wants the hassle? It is not that difficult to get an emergency AP, specially if you prove that you have applied a LONG time back and still haven't received it thanks to INS delays!

Good luck!
 
Originally posted by 140_takes_4ever
explorer,

I think it is always easier to go for an emergency AP, as compared to expecting the INS official at the post to know the finer points of the law. Offcourse you could fight it in court and win, but who wants the hassle? It is not that difficult to get an emergency AP, specially if you prove that you have applied a LONG time back and still haven't received it thanks to INS delays!

Good luck!
Click to expand...

Thanks, yes that's my "Plan A" - I am hoping that it is at least approved by the third week of October so I can get one in person at the local office and not wait for it in the mail (it probably takes 2 weeks after approval).
 
Any suggestions?

Hi Guys,

Have been following all of your comments on AP and I understand that one cannot leave US (if you have applied for an AOS) without an AP. My husband and I have a similar problem here...

We had applied for AP along with our AOS (RD 8th May, 2003). We are getting married (Indian wedding) first week of september in India and are still awaiting the AP. Since all the wedding preparations have been made we are getting a little tensed here.

I had called up the BCIS and they said they will do a status check and mail the details in 30 days. We were also planning to take the wedding cards to the local BCIS and ask them if they can issue us an AP, as someone said that after 90 days the local INS should issue us an AP if we haven't got them by then. But my husbands lawyer vetoed it as she thought we might give away legally erronous informations, so we quit the plan.

Do you think its OK to go and approach the local INS (San Diego) or do any of you have any other suggestions/comments?

Thanks

Note: My husband is on a H1 visa but I am not on any valid visa status.
 
You must log in or register to reply here.
Top