What If My GC gets approved while I am away

vijaynathg

Registered Users (C)
Hi guys,

I am currently on EAD and planning to travel to India on my AP.
My GC is just a month or so away from approval(atleast I am hoping).

So what if my GC gets approved while I am away in India. Can I still enter into the country with my EAD and AP. Or will I get to face any other complications.

Please help me as I am planning to visit India later this month.

thank you all for all ur inputs
 
You can enter the country using AP even if your GC is approved. Once admitted - you would need to go and stamp GC on your passport.
 
U can re-enter using AP in either case...485 pending/approved.
If GC is approved upon arrival, officer at POE would notify you..!

What's ur RD?
 
I'm not sure, but I remember there were some old posts for the similar cases. If you got approval when you are outside US, you would get stamped directly when you pass the border. Correct me if I remembered wrong.
 
Use AP to re-enter USA. If your GC is approved when are away from USA then the officer at POE will inform the same and request you to stamp your passport at local office ASAP and also you'll get I-94 valid for 30 days only.

Samansa,
You are wrong, I never heard about I-551 stamping at POE !!!!!!!!!!
 
I believe they do stamp at POE for family-based applicants who have been interviewed (and approved) overseas.
 
any clue oon what "Deferred Inspection" is

I got this information for a friend stating that:

If the I-485 is approved while you are out of the country we will need to forward the approval notice to you. When you enter the U.S. you will inform the Inspecting Officer that your I-485 was approved and request
"Deferred Inspection" and will be admitted as a Permanent Resident.

Any clues on what Deferred Inspection is all about.
 
Originally posted by Jan485
I believe they do stamp at POE for family-based applicants who have been interviewed (and approved) overseas.

That's CP not I-485 process.
 
This is what I learned from my lawyer!

My Question: I'm waiting for my Green Card. In the mean time I'm planning a trip to India (3-4 weeks). Although, I have advance parole visa, what if my GC is approved while I'm out of the country. Can I still use that Advance Parole to enter in US ?

Answer from Lawyer :

You can use the Advance Parole to re-enter the US during its validity period . You should carry all three copies of the advance parole with you the first time you travel. If the green card application is approved while you are outside of the country, the advance parole is still valid and can be used to re-enter the US.

My Question: Besides, Advance Parole what other documents do I need to carry (like company letter etc.) to re-enter in US ?

Answer from Lawyer : Valid Advance Parole and valid passport are sufficient for re-entry into the US. If you also happen to have a valid H visa, you can use the visa to re-enter instead. We suggest using a valid visa (if you already have one), just because the line at customs when you arrive in the US is shorter for persons with valid H visas. It typically takes 30 minutes or so longer to go through customs with an advance parole, because it is not considered a secure document and each person must be manually checked in the database.

Hope this helps.
 
Re: This is what I learned from my lawyer!

Originally posted by kmandy
My Question: I'm waiting for my Green Card. In the mean time I'm planning a trip to India (3-4 weeks). Although, I have advance parole visa, what if my GC is approved while I'm out of the country. Can I still use that Advance Parole to enter in US ?

Answer from Lawyer :

You can use the Advance Parole to re-enter the US during its validity period . You should carry all three copies of the advance parole with you the first time you travel. If the green card application is approved while you are outside of the country, the advance parole is still valid and can be used to re-enter the US.

My Question: Besides, Advance Parole what other documents do I need to carry (like company letter etc.) to re-enter in US ?

Answer from Lawyer : Valid Advance Parole and valid passport are sufficient for re-entry into the US. If you also happen to have a valid H visa, you can use the visa to re-enter instead. We suggest using a valid visa (if you already have one), just because the line at customs when you arrive in the US is shorter for persons with valid H visas. It typically takes 30 minutes or so longer to go through customs with an advance parole, because it is not considered a secure document and each person must be manually checked in the database.

Hope this helps.

WOW - the answers from your lawyer are interesting.

The new Advance Parole (for employment-based) has your picture scanned on a security paper (I-512L). How much more security that your lawyer is looking for? Maybe your lawyer was referring to the old-fashion AP or he/she has not seen the new one .....
 
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