What happens if I485 is approved while in abroad on AP ??

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ciraduri

Registered Users (C)
I am planning to go on vacation to India for 2 months starting in Dec. Currently i am working on EAD and AP. If my I485 is approved while i am in abroad, can i come back legally using my AP ?? My lawyer says, i can not enter legally...
Experts advice please ....
 
Gurus,

Please reply! I am also thinking of taking off for a month. But I am not able to decide due to same reasons.

Mugdha
 
Did Your Lawyer tell you the Exact Reason, Why you could not come back to US using your AP.

If you cannot enter what is the use of AP.
 
I am not sure.... As far as I understand technically AP becomes invalid after ur 485 approval. But I know one of my close friends did enter into US using AP when his approval came in when outside US.

I understand its risky business..if the office at port of entry can find out the 485 status based on ur 485 recpt. But will he do it....I dont know....

"The above information is from this forums so use at ur own risk"
 
Would you like to tell us how you lawyer explained to you why you cannot enter legally? Did he tell you there is any way to work around in this situation, or you just cannot leave this country at this stage?

I am not sure whether this can be a way to work around: in case you get no chance to get your passport stamped while you are out of this country, could you wait until you get the plastic card(if you can wait), and let your friend send you then?
 
I do not believe this, my guess is that though AP is invalid after the GC approval but it should certainly remain valid before you surrender it, that is, when you get your PP stampped.

Otherwise, guys out of country with their GC approved will not be able to get in at all.

Logically thinking how could a legal resident be denied of entry at POE. Even though if someone's passport is not stampped, which the immigration officer will find out the moment he runs query against the file number at POE, if the person seeking admission have a re-entry document whichi is not expired by date, I don't see any reason why would he refuse entry. My guess would be that he might congratulate the person for the approval.

Find out details from your lawyer or some immigration expert. My feeling is that it should not be a problem.

Please use this advise on your own risk, I'm not a immigration expert or attorney, stated above are just my thoughts.

Thanks
 
No, my views differ on this...one can use AP to enter US even when your GC is approved..and even at POE they come to know about it they will ask you to go to the local CIS office to get the stamping done...I dont think its a big deal...and why they will stop you fom entering when you have 2 strong valid reasons to enter...e.g your AP and now...485 Approval...plain and simple..

This is my personal advice only....for details check up with your attorney...
 
People with AP outside the US, can definitely enter even if their GC gets approved while they are away.

I dont know the exact process, but there have been several postings on this ( I485 ) forum on this topic.
 
I think one should look at it seriously and consult lawyer before taking any steps. BCIS officer always checks your status in the database before they allow you in on the basis of AP. Last year I used AP to enter US and BCIS officer asked me whether I lived at the same address or not.
 
As per my lawyer..when your I485 is approved the AP becomes invalid. So, you don't have any valid document to enter legally. I485 approval letter can't be used to enter into Country. He says that he knows lot od people who were sent back like this.
But, he aslo said..they might not check carefully all these things at all times.. some times, you might be able to enter..if you are lucky and the officer doesn't verify your 485 status at that time..
 
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The other case is if some on H1 not applied AP If he is out of country what happens If I-485 is get approved
 
This topic was discussed in detail in various posts....

If a person presents a valid AP at a US port of entry, and her/his I-485 was approved while s/he was out of the country, the person will be admitted on the basis of 'deferred inspection'. However, the mere possession of a valid AP does not confer any special rights on the holder. S/he will still be processed as an 'arriving alien' and as such, officers at the port of entry can turn back arriving aliens without elaborate due process. This can happen for various reasons including the omnibus provision of homeland security.

So, in essence, while there is a provision in the existing rules that is supposed to cover the possibility of someone's I-485 being approved while the applicant is out of the US, there is not much one can resort to if that rule is not applied by the inspector at the port of entry for whatever reason, including ignorance.

It should work in most cases, but you would be quite literally betting your paycheck on the degree of familiarity of the officer with a rather arcane immigration rule.
 
So..as per murthy.com link, if 485 is approved while i abroad,it is typical to grant deferred inspection, so that the person can go to the local INS office and obtain the permanent residency stamp in the passport. Again 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.

Looks like there is some risk...here especially with the changes coming up from jan 1st at POE's, if you are coming back after jan 1st...

Thanks for sending the link....
 
I had discussed this issue with my lawyer and he had mentioned that as long as the AP is valid, one should not have a problem re-entering the US.
 
I just got reply from my lawyer....
She is saying that it won't be a problem as long as you have valid AP. She did not give any details as of what to do at the port of entry.

Mugdha.
 
As posted by tammy2

The other case is if some on H1 not applied AP If he is out of country what happens If I-485 is get approved
Click to expand...

Technically we cannot have two status. Before we enter US on valid H1B and our case is approved, we are no more H1Bs. We are adjudicated as permamnent resident but without any stamp on passport.

We should ask this question to our lawyers as well and clarify this matter.
 
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