Urgent Issue, AP Expired, please help

IMMQ

New Member
Hello,
I have US green card “i-485” pending and I am Canadian Landed Immigrant as well.
I had to travel to Asia for few months to work as consultant for one of my US employer’s client.
Now, here is my problem. I just noticed that my Advance Parole expired two months ago “SO Stupid :(”, and I want to go back to the US!
What are my options?
Somebody told me that I can go to Canada, and then drive to the US using my expired AP paper since I used it before and I got paroled to the US until February 2004, is this true?

I really appreciate your help and feedback in this matter, I know what I did is very stupid thing, but I totally lost track of my AP and now I want to go back to my family and employer.

Thanks
 
Originally posted by IMMQ
Hello,
I have US green card “i-485” pending and I am Canadian Landed Immigrant as well.
I had to travel to Asia for few months to work as consultant for one of my US employer’s client.
Now, here is my problem. I just noticed that my Advance Parole expired two months ago “SO Stupid :(”, and I want to go back to the US!
What are my options?
Somebody told me that I can go to Canada, and then drive to the US using my expired AP paper since I used it before and I got paroled to the US until February 2004, is this true?

I really appreciate your help and feedback in this matter, I know what I did is very stupid thing, but I totally lost track of my AP and now I want to go back to my family and employer.

Thanks

Are you abroad now? Did you surrender your I-94 on your way out? If you did then you are SOL. You will not be allowed to enter with an expired AP. If you have a H-1B approval, then you should use that to get your visa abroad. You should consult your company's/your Immigration Attorney ASAP.
 
Help with AP

Friend,

Usually officer give one-year validity on new I94 , when you use your AP.

I am just putting my recent conversation with US Immigration official at Vancouver international airport when

- My AP was expiring on Dec 03
- US officer issued me I94 expiring June 04
- He told me:
* I need not to surrender I94 when travelling to Canada even if airline ask for it
* I need not to go to Secondary inspection when coming back to USA next time from Canada , just show up my I94 to 1st immigration officer and go.

* I must posses a VALID AP when travelling.
 
If you traveled to Asia and did not surrender your I-94 at the time you left the US, you will not be allowed entry into the US with the I-94, if the US immigration officer detects that you went to Asia. You may use your I-94 to come back to the US only if you had traveled to Canada, Mexico or few other nearby islands. I must say, I just came back from Canada via road and at the port of entry, the US immigration officer thoroughly went through my passport and asked me where I went, what I did, where I stayed etc in Canada; and I am a US PR. I suspect if you are caught lying, penalties will be severe.

The best option for you is to obtain H1B visa from a US consulate. From talking to people who have close contact with lawyers, I learned that you could obtain H1B visa if you have the approval notice, even if you previously entered the US using AP.

Hope things turn out OK for you.
 
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