Travelling w/o AP
- Thread starter raindance
- Start date
apeedinirs
Registered Users (C)
Any suggestions?
Hi Bitterman,
I was on F1 until June 15th (submitted my thesis on April 15th, thereafter I am given 60 days to find a status to be in this country). The lawyer said once I get the receipt of the AOS I should be fine even if I was not on any valid visa status. Hope that answers your question.
Thanks
DS
Hi Bitterman,
I was on F1 until June 15th (submitted my thesis on April 15th, thereafter I am given 60 days to find a status to be in this country). The lawyer said once I get the receipt of the AOS I should be fine even if I was not on any valid visa status. Hope that answers your question.
Thanks
DS
apeedinirs,
yes that answers my question completely, thank you.
Well, then. It is perfectly OK to approach a local INS office asking them for an Emergency Advance Parole. The only cause for your husband's lawyer resistance I can see so far, is that legally you are already a married couple in the US. However, you want to go to your home country and get wed over there, for the second time.
90-day rule does not apply here. You are confusing it with Interim EAD (which can be obtained if EAD application was pending without adjudication for more than 90 days). An Emergency Advance Parole is rather an exception from the rule than a common practice. You can approach a local INS office, tell them about your traditions at length, the preparations already made and guests already invited, and may be they will give you an Emergency Advance Parole, but it is most certainly not guaranteed.
On the other hand, since your husband is holding H-1 status, there is a chance for you to go to a US Consulate abroad and get yourself an H-4 visa, which will serve as a re-entry document instead of AP. Be advised, though, that some US Consulates require an appointment made in advance (ranging from a couple of weeks to a couple of months).
yes that answers my question completely, thank you.
Well, then. It is perfectly OK to approach a local INS office asking them for an Emergency Advance Parole. The only cause for your husband's lawyer resistance I can see so far, is that legally you are already a married couple in the US. However, you want to go to your home country and get wed over there, for the second time.
90-day rule does not apply here. You are confusing it with Interim EAD (which can be obtained if EAD application was pending without adjudication for more than 90 days). An Emergency Advance Parole is rather an exception from the rule than a common practice. You can approach a local INS office, tell them about your traditions at length, the preparations already made and guests already invited, and may be they will give you an Emergency Advance Parole, but it is most certainly not guaranteed.
On the other hand, since your husband is holding H-1 status, there is a chance for you to go to a US Consulate abroad and get yourself an H-4 visa, which will serve as a re-entry document instead of AP. Be advised, though, that some US Consulates require an appointment made in advance (ranging from a couple of weeks to a couple of months).
harac,
so the comment was geared towards Deferred Inspections, eh?
Right, then. Lacking the source INS memo, we shall concentrate on the information provided in murthy.com article. Let's dissect the most interesting parts.
Deferred inspection means that the person does not meet the legal requirements for admission, but the INS Inspector has reason to believe that the applicant will be able to correct the problem and provide the necessary information after entering the U.S. Therefore, the applicant is admitted on a provisional basis, with instructions to return to the Port of Entry at a later date. The Applicant must have made good faith efforts to comply with the requirements of advance parole prior to departure.
Interesting paragraph, indeed. It implies the following:
1. The person applying for admission should be able to correct a problem which prohibits his/her admission at the time.
2. The person applying for admission must have tried to obtain a re-entry document prior to leaving the States, in accordance with the law.
So, my interpretation is as follows:
1. Absense of Advance Parole at the time of entry is not easily correctable. The previously filed application is already deemed abandoned and should be denied. Applying for a new AP will take months to receive it. Don't discount the time the memo was issued! At that time, getting APs was quite easier and quicker than it is now.
2. Was the reason of leaving so emergent so the person in question could not spare time to go to a local INS office and get an Emergency Advance Parole? If there was a lag of a day or two between booking an outbound flight and actual departure, I'd say the person was not trying to comply in good faith with the requirements of Advance Parole. Because in that case, that person had a chance to obtain an Emergency Advance Parole.
(b) The Officer was satisfied that the applicant applied for advance parole in a timely and proper manner before leaving the U.S. and that departure prior to INS response was due to compelling and uncontrollable circumstances.
Officers can accept an INS receipt or canceled check endorsed by INS or other appropriate evidence, as verification that Form I-131 was properly filed in the above circumstances. Alternatively, the inspector can check the location of the adjustment of status application to confirm if Form I-131 was filed.
Again, an attempt to get an Emergency Advance Parole should have been made prior to leaving the States, unless there was no time to do that.
In my opinion, if an immigration officer at POE will suspect that you have tried to circumvent the Emergency Advance Parole procedure, the entry will be immediately denied. You will be placed into removal proceedings,.. yadda, yadda...
***
Of course, that is only my opinion. And you are playing with your own life, not mine
so the comment was geared towards Deferred Inspections, eh?
Right, then. Lacking the source INS memo, we shall concentrate on the information provided in murthy.com article. Let's dissect the most interesting parts.
Deferred inspection means that the person does not meet the legal requirements for admission, but the INS Inspector has reason to believe that the applicant will be able to correct the problem and provide the necessary information after entering the U.S. Therefore, the applicant is admitted on a provisional basis, with instructions to return to the Port of Entry at a later date. The Applicant must have made good faith efforts to comply with the requirements of advance parole prior to departure.
Interesting paragraph, indeed. It implies the following:
1. The person applying for admission should be able to correct a problem which prohibits his/her admission at the time.
2. The person applying for admission must have tried to obtain a re-entry document prior to leaving the States, in accordance with the law.
So, my interpretation is as follows:
1. Absense of Advance Parole at the time of entry is not easily correctable. The previously filed application is already deemed abandoned and should be denied. Applying for a new AP will take months to receive it. Don't discount the time the memo was issued! At that time, getting APs was quite easier and quicker than it is now.
2. Was the reason of leaving so emergent so the person in question could not spare time to go to a local INS office and get an Emergency Advance Parole? If there was a lag of a day or two between booking an outbound flight and actual departure, I'd say the person was not trying to comply in good faith with the requirements of Advance Parole. Because in that case, that person had a chance to obtain an Emergency Advance Parole.
(b) The Officer was satisfied that the applicant applied for advance parole in a timely and proper manner before leaving the U.S. and that departure prior to INS response was due to compelling and uncontrollable circumstances.
Officers can accept an INS receipt or canceled check endorsed by INS or other appropriate evidence, as verification that Form I-131 was properly filed in the above circumstances. Alternatively, the inspector can check the location of the adjustment of status application to confirm if Form I-131 was filed.
Again, an attempt to get an Emergency Advance Parole should have been made prior to leaving the States, unless there was no time to do that.
In my opinion, if an immigration officer at POE will suspect that you have tried to circumvent the Emergency Advance Parole procedure, the entry will be immediately denied. You will be placed into removal proceedings,.. yadda, yadda...
***
Of course, that is only my opinion. And you are playing with your own life, not mine
apeedinirs
Registered Users (C)
Thanks
BitterMan,
Thank you for your suggestions. Will update on this website if and when things progress.
Regards,
DS
BitterMan,
Thank you for your suggestions. Will update on this website if and when things progress.
Regards,
DS
Bitterman,
Couple of facts about my friend's case :
1. Reason - her mother passed away
2. She did try to get an emergency parole at the local INS. She was asked to go to the Service Center for the same. Due to lack of time, she proceeded with her trip
3. She had already applied for the AP in April and she left for India in May.
Above being the facts, I agree with you that the best option is to go with Hvisas.
What makes me think that this might work as well is that the above facts kind of proves that an attempt was made to go by the law - ofcourse this is a discussion on its own and purely depends on the person at POE.
Since she is a mother of an infant, probably that might be of some help to her at POE.
All this said, this is a chance that they need to take if they go with the alternate option.
Let us wait and see on the final outcome
Thanks for taking time on sharing your opinion and views .
Couple of facts about my friend's case :
1. Reason - her mother passed away
2. She did try to get an emergency parole at the local INS. She was asked to go to the Service Center for the same. Due to lack of time, she proceeded with her trip
3. She had already applied for the AP in April and she left for India in May.
Above being the facts, I agree with you that the best option is to go with Hvisas.
What makes me think that this might work as well is that the above facts kind of proves that an attempt was made to go by the law - ofcourse this is a discussion on its own and purely depends on the person at POE.
Since she is a mother of an infant, probably that might be of some help to her at POE.
All this said, this is a chance that they need to take if they go with the alternate option.
Let us wait and see on the final outcome
Thanks for taking time on sharing your opinion and views .
A small note...
Some one in this thread (140_takes_4ever?) mentioned that if I-485 is pending and entering US with H1/L1/H4/L4 kind of nonimmgrant visa then they need to carry I-485 receipt(s). Initially my thought was "It's not needed", but here is a related article on that topic from Ms. Murthy's site...
Advance Parole Exemption Announced for H1, L1, H4, and L2
Please read last but one paragraph, it says:
Applicants for adjustment who use their non-immigrant visas to travel should also take abroad with them the filing receipts for their adjustment of status applications, according to the INS rule.
So based on this the law says one need to carry them, but what happens if they don't carry is still up for debate, and I have no idea.
-PCee
Some one in this thread (140_takes_4ever?) mentioned that if I-485 is pending and entering US with H1/L1/H4/L4 kind of nonimmgrant visa then they need to carry I-485 receipt(s). Initially my thought was "It's not needed", but here is a related article on that topic from Ms. Murthy's site...
Advance Parole Exemption Announced for H1, L1, H4, and L2
Please read last but one paragraph, it says:
Applicants for adjustment who use their non-immigrant visas to travel should also take abroad with them the filing receipts for their adjustment of status applications, according to the INS rule.
So based on this the law says one need to carry them, but what happens if they don't carry is still up for debate, and I have no idea.
-PCee
140_takes_4ever
Registered Users (C)
Re: A small note...
PCee,
This is one the grey areas, where the decision lies in the hands of the immigration officer at the POE. If he is a nice guy, he won't mark anything against your case. In case he is a stickler for rules, entering on H1 without valid 485 invalidates your AOS, and he can will mark your case for abandonment since you prefer the non-immigrant status to immigrant status.
There have been people on the board who have entered the country without showing 485, but that is not something I would recommend to the masses as a safe way!
Thanks for bringing up a more credible link for all to see.
PCee,
This is one the grey areas, where the decision lies in the hands of the immigration officer at the POE. If he is a nice guy, he won't mark anything against your case. In case he is a stickler for rules, entering on H1 without valid 485 invalidates your AOS, and he can will mark your case for abandonment since you prefer the non-immigrant status to immigrant status.
There have been people on the board who have entered the country without showing 485, but that is not something I would recommend to the masses as a safe way!
Thanks for bringing up a more credible link for all to see.