Travelling with expired Advanced Parole!!

K

kulinc

Registered Users (C)
Folks -
I am in a big problem.

My father has suffered a stroke and I want to go and spend some time with him. My employer have approved my leave of absence for 3 months.

However, my Advance Parole expires on 23rd Feb 2004. I have applied for renewal of AP on 28 Oct 2003, however I haven't heard anything about it. Not even a receipt number.

My question is - can I travel to India before my AP expires and then while I am in India, get my lawyer to send me the the new AP to India and use it to come back to US?
I am assuming here that BCIS will have my AP application approved by the time I am ready to return.

ANy experiences/ advice will be really appreciated.

Kulin
 
you can NOT travel before you have AP. You could leave but have to come back before the current one expires.

traveling without the approval of your AP means abondant of the AP and pose serious problem of your I-485.

Their are people lucky to return , that's pure luck, if at POE, the inspector find you depart before your current AP approval date, they could denail your entry.

talk to a lawyer or go to local office, see if you could get the new AP sooner.
 
Ask your employer to file H1-B, and pay premium processing fee $1000 extra. You will get new H1-B extension or new H1-B without I-94 in 15 days. Then go for stamping in India and come back on H1-B. Though this is also risky (in case your visa is denied), it's another alternative.

The general rule is you should not leave without AP, if you have no other valid status. But I heard cases in this forum, where persons admitted in US when they left without AP and someone send the AP by courier. Might be it's luck, officer overlook or whatever. If you have no choice, take risk.
 
You cannot comeback after 23rd FEB

unless your new AP gets approved by then. So you can possible go soon and comeback before Fed 23rd.

If God helps, you will get your AP by then.

Hope your dad gets better.
 
Visit Local Office and get new AP

Why don't you visit your local INS Office and apply for the AP nand you will get it the same day, explain them your situation, even if you have applied for renewal at VSC you can get a new one from your local office.
 
Hey Go to ur local office and ask for an emergency AP giving them the facts and produce your Receipt notice and a letter from a doctor in India stating the problem. They will understand and issue an emergency AP.

ALL the best.
 
Thanks everyone for your valuable advise.

I'll go to the local office and request for an emergency AP so I can travel to India.

I'll post my experience with the local office on this forum.

Thanks again,

Kulin
 
Originally posted by kulinc
Folks -
I am in a big problem.

My father has suffered a stroke and I want to go and spend some time with him. My employer have approved my leave of absence for 3 months.

However, my Advance Parole expires on 23rd Feb 2004. I have applied for renewal of AP on 28 Oct 2003, however I haven't heard anything about it. Not even a receipt number.

My question is - can I travel to India before my AP expires and then while I am in India, get my lawyer to send me the the new AP to India and use it to come back to US?
I am assuming here that BCIS will have my AP application approved by the time I am ready to return.

ANy experiences/ advice will be really appreciated.

Kulin
Click to expand...

Some local office may give you a temp AP if you show them yoru travel itinerary.
 
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