when will AP gets abandoned?

tk_tk

Registered Users (C)
q1:
Having a pending second AP, can we travel with first approved AP without abandoning the pending AP cas?


q2:
Having a valid h1 [not stamped though] and with pending AP can we still travel without abandoning the pending AP case?


-tk
wac-02-133-$$$$$
 
1. yes, but you have to return to US before 1st AP expires
2. yes, but either get an H1 stamp or use your AP (see #1)
 
ruxrux,

why would you say that?

The following is an actual excerpt from I-131 instructions:
Effect of Travel Before the Travel Document is Issued
Departure from the United States before a decision is made on an application for a reentry permit or refugee travel document does not affect the application. Departure from the United States or application for admission to the United States before a decision is made on an application for an Advance Parole document shall be deemed as abandonment of the application.
 
I don't see any problems in any of the two cases:

#1 - he has a valid AP and another one pending - that's a normal situation; you can file for your new AP before the current one expires. He's using a valid AP.

#2 - I'm suggesting either of the two - travel on H1, but get a stamp first or travel on approved AP - assuming of course both questions pertain to the same person, he _has_ got an approved AP and another one is pending.

What you cite from I-131 instructions is actually telling you this: if you file for AP and intend to use it, don't leave the states before it's approved or it's abandoned. Tk_tk _does_ have a valid AP and that's enough for travel. Only if your AP has expired or if you don't have one, you're not to leave US without approval.

In other words - your wife has AP pending and she cannot wait to get it, her former AP has expired, but she still goes to visit her mom in Croatia thinking that you'll send the AP document to her Croatian address once it's approved. That's a no-no!!! And that's what your I-131 excerpt warns about.
 
ruxrux,
Is this your interpretation? OR do you have any reliable source that talks about the pending 2nd AP while having valid first AP??

Please clarify.

Appreciate your help and thanks.
 
thanks

thans ruxrux and others

rux's comments on travelling with valid AP and another one pending makes more logical sense and

one should be able to travel outside and re-enter as long as he/she has a valid approved doc

-tk
 
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