Urgent!!!!!!!!!!

[AKish]

Hey guys
Have any one travel outside the country, before AP was approved and come back after you receive new AP.
Here is my spouse case. We applied on AP renewal on Sept 4th, issue a RFE(marriage cert) on Nov 4th, satisfied on Nov 11th, Still waiting for approval. Her grand mother is sick and she have to go to India, Local INS will not give emergency AP, as CSC has already issue a RFE(Kinda stupid, but...) CSC can't expedite the process as grand mother is not immediate relative and it seems they have back logs in their mailing room and officer has not yet received the RFE document, which was sent by overnight mail(This are words of duty officer in CSC).
As this is the emergency scenario, I was THINKING what we will leave outside the country with current AP and I will back before our first AP expires and once I get her new AP, I will send it to India, so that she can come back.
So my question is Has any one took the risk of leaving the country and then coming back with approved AP, which will be mail to them in India? Do they cross verify at POE, when you left the country and when was your AP approved? Or do they add a entry some where while leaving outside the country that you have a AP plus the expiry date? Is there a huge risk that my spouse will not allow to enter?
Ur inputs will be appreciate.
Akish

 

[firesan]

This is from the INS website dated Nov 14.

INS Issues Foreign Travel Advisory for Aliens
With Pending Immigration Applications

The Immigration and Naturalization Service (INS) reminds aliens who have applied to adjust status to that of permanent resident that they must obtain Advance Parole (Form I-131-- Application for Travel Document) from the INS before traveling abroad (see INS Travel Advisory Questions and Answers). Travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status. Such aliens may be unable to return to the United States, their applications may be denied, or both.

Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those aliens who have been unlawfully present in the United States for more than 180 days, but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years. Aliens who are unlawfully present, depart the U.S. and subsequently reenter under a grant of parole, may nevertheless be ineligible to adjust their status.

INS urges all aliens with pending applications for adjustment of status to consult an immigration attorney, immigration assistance organization accredited by the Board of Immigration Appeals, the INS National Customer Service Center at 1-800-375-5283, or the INS web site: www.ins.gov before making any foreign travel plans.


Based on this my opinion would be to wait for AP.

 

[c4naperville]

Travel before AP approved

For AP to be approved, one has to be in United States. If one left the country before AP approved, he/she might have trouble to enter the US in the port. INS office might check the AP dates.

I am in the same situation with my AP approved not wife's. We might wait until her AP approved then going abroad or go to US conelor to apply visa using H1/H4.