Urgent Help on Advance Parole Question

S

sg1973

Registered Users (C)
Hello,
I have a question on using Advance Parole to travel outside the country and the possibility of 485 getting approved/denied while away.
We recently went out of US and came back using Advance Parole.
As soon as we got back, due to an unfortunate loss, my wife wants to go back to be with her family for a couple of months.
We have the finger prints scheduled for end of March. So she is planning to travel after the FP date. Her Advance Parole is valid for another 4 months.

However, my lawyer advised us against long trips after FP as she thinks the 485 may get approved after FP, while my wife is away, and if its approved, my wife won't be able to enter back using the Advance Parole.
I am completely confused as my understanding was Advance Parole is used to enter into the country incase the 485 gets approved while away, in which case we cannot use any other visas.
I am not sure what to do now as my wife desperately wants to go to her family.
Please advise.

Thanks in advance.
SG
 
Your lawyer is giving incorrect information. If your 485 gets approved while our of US, and if you have a valid AP and a valid H/L visa, one can enter US without any problem.

IF POE officer says that 485 is approved (they should not) one can request a deferred inspection with the local USCIS office.

Dont worry.
Key is returning before AP expires.
 
Thanks..

Thanks for the response.
I thought the same and I found the same information on the forums.
However, I am not sure why I got this info from my lawyer. She has been very good so far in that I got my 140, applied using substituted labor, approved in 3 months and everything else (EAD/AP for my self and my wife) approved as well without any issues.
That makes me think whether the lawyer is playing it safe thinking of the remote possibility of 485 getting into any issues, in which case my wife can't come back with her AP. However, she has a valid H4 visa, not stamped though. So not sure how that would work.. any thoughts?

Other than that, i can't think of any other reason why she cannot travel on AP.

Thanks,
SG
 
sg1973 said:
Thanks for the response.
I thought the same and I found the same information on the forums.
However, I am not sure why I got this info from my lawyer. She has been very good so far in that I got my 140, applied using substituted labor, approved in 3 months and everything else (EAD/AP for my self and my wife) approved as well without any issues.
That makes me think whether the lawyer is playing it safe thinking of the remote possibility of 485 getting into any issues, in which case my wife can't come back with her AP. However, she has a valid H4 visa, not stamped though. So not sure how that would work.. any thoughts?

Other than that, i can't think of any other reason why she cannot travel on AP.

Thanks,
SG
Click to expand...
your lawyer is correct, AP is used only when the 485 petition is pending. if the 485 gets approved, she cant enter the country until the passport is stamped for the primary application and then you can call her. This could be several months.

what is your priority date, is yours a EB3 or EB2 case
 
Mine is EB3 with PD 10/2001. so what are the chances of the 485s getting approved within 2 months after fingerprinting.
guys - any suggestions on what to do other than re-scheduling the FP.

Thanks,
SG
 
Mad526 said:
your lawyer is correct, AP is used only when the 485 petition is pending. if the 485 gets approved, she cant enter the country until the passport is stamped for the primary application and then you can call her. This could be several months.

what is your priority date, is yours a EB3 or EB2 case
Click to expand...

That is not correct info as per my understanding. If 485 gets approved, a person can enter on AP. There should not be any issues with that.

I totally aggree with rpranesh advice.

If you think about it in a practical sense, there are thousands of people who have a pending I-485. If what your lawyer said were true, no one would leave the country because I-485 may get approved while they are outside. Also, there would be hundreds of cases whare a persons I-485 got approved and they were left starnded. I have not come upon a single case, which would suggest that. So bottomline is its perfectly safe to depart US with approved AP on a pending I-485.

Please do not reshedule the FP. And let your wife go without any worries.
 
Last edited by a moderator:
Thanks,
Thats what I am thinking too. I can ask her to go away for 2 months and if the 485 gets approved before, then i can ask her to come back immediately.

Thanks again

SG
 
Call VSC?

I am even thinking of calling VSC to confirm this.
Can anyone provide me the number to call?

Thanks,
SG
 
You must log in or register to reply here.
Top