Wife left to India on Emergency Without AP approval

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manwith485issue

New Member
Guys can any one give me info on, my wife had to leave on emergency without AP approval, what now she is in India and how to bring her back to the Country and what are implications we have with my current 485 Process
 
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Sorry to hear that. But if she has an valid H1/H4, she is fine. If she is supposed to have the AP, but does not have it, it might be a problem. The implication is that she has abondened her 485. Talk to your lawyer.
 
Originally posted by brokenarrow
Sorry to hear that. But if she has an valid H1/H4, she is fine. If she is supposed to have the AP, but does not have it, it might be a problem. The implication is that she has abondened her 485. Talk to your lawyer.
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sorry to hear that. If she does not have to depend on AP for travel purposes (if she has H1/H4 /F or O or any multiple entry visa), then there should not be any problem.
If she was supposed to trave only on AP and she does not have one, it is considered abandonment and she may have to use some other visa to come in ans start I-485 all over again and it might not be easy. please talk to your lawyer ASAP.
 
Agree with Isamp, Even if she had a valid H1/H4 but used her EAD to work, etc. Then she HAS to travel on her AP. If she din't then it is considered as abandonment of AOS, and she will have to restart the process. Hopefully she can keep her PD.

Please discuss this with your lawyer ASAP!

Good luck!
 
Please talk to your lawyer whether you could do this:

Apply AP for her ASAP, nowadays AP could be done with two months, then mail AP to your wife afte you get it.
Given they don't stamp anything on AP while leaving USA.

Again, just my 2 cents.
 
I agree with digdugxy.
Thats correct as soon as she get the AP aprroval notice just send it her in india and she come back using that.
I remeber my attorney told me the same long back.

Best answer is confirm with your attoreny.
There should be a way.
 
I know someone whose wife is in a similar situation

I know someone whose wife is in a similar situation. She left the US without AP, when she tried to come back she was told that she has to wait until the GC is approved, then she will be allowed into the US.

This is what her husband told me. Like everyone else has said, please check with a lawyer.
 
I have already applied and waiting for AP, even though her GC is approved, she has to be present for her Interview process right. So she will not be able to make it to the interview process, as she cannot enter the country. How to deal with that. FAIRISFAIR you have given some hope

Thanks
 
Since you have already applied for AP, there should not be any problem. Send her the AP when it comes and there should not be any problem. They dont see the AP when you are leaving US. Hope your do not get a GC interview meanwhile..
 
There is a problem
Based on USCIS announcement even if you have applied for AP you cannot leave the country. Check IMMIGRaTION-LAW.com
This could be a problem at the port of entry. check with a competant immigartion lawyer.
If that is the case. She needs parole document which i think is only used of re-entry once from the consulate.Consulate does issue this type of document it is not AP but a document for single re-entry
Please check with attorney. Dont take this lightly.
 
Dadagiri is right. Even she can get approved AP in india, when she come back, the border officer usually check the approval date and her departure date then will know he left before the approval date. Please contact your lawyer for guidance. Could you also post the solution as well?
 
Question related to this

When AP applied then we cannot leave the country? Is it true ?

What if I have valid AP before leaving the country and Applied for AP renewal . The AP with which I left the country getting expired.
Is there any problem returning just 2 days before expiry ?
Applying for AP make us not to travel ? That does't make sense

Please clarify

Thanks
 
PrasadS,

This is an old old discussion that has been raging on all the forums, we have discussed it to death here. Please search the archives for the last discussion that had links to other forum discussions as well.

The short of it is that there are two streams of thought:
1. You shouldn't take chances and not travel.
2. You can travel without problems
3. You shouldn't travel, but INS is so badly staffed it can never find out.

Don't have the energy to get into this discussion once again so pardon me when I say search the archives.

manwith485issue,

Solutions that seem to provide easy solutions ALWAYS sound better than those that don't. I think you shouldn't be wasting your time, instead should be speaking with a lawyer. The advise on this forum is usually from self taught people, who might not know the intricacies of immigration law, and all situations have their own angle, so please consult a lawyer and do not console yourself with uninformed opinions.
 
Buddies are right but don't panic...

Our friends are right when they said going abroad means abondoning 485 process provided that there is no other valid status when AP is pending...period.

According to legacy INS one should not go abroad if he has an AP pending even though he has a valid AP in hand. But I know many people traveling abroad defying all those idiotic rules knowingly or unknowingly. I know some people who left the country when AP is pending, had the AP mailed to them abroad and successfully entered the country with old/new one. Immigrant community is equally divided over this issue. You can find long running discussions if you do a search on EAD or Advance Parole. However, I am not very sure about leaving the country without having AP in hand when the AP is pending and having no other valid status. I strongly discourage this kind of contempt towards the outrageously inefficient legacy INS.

Anyway, since you applied for AP you can mail her the AP as soon as you get it. Fortunately, if the immigration officer at the port of entry does not notice discrepencies between the day your wife left and date of AP approval, which is not very unlikely, you are fine.

However, in the meantime I encourage you to explore all the options you have at your disposal and take advantage of the best one. Don't panic, you guys will be fine, hopefully. As someone said don't take this lightly and do post your experiences.
 
SPEND SOME MONEY and CONSULT GOOD LAWYER

Consult Rajeev Khanna and post his answer on this forum.
 
Though the USCIS clearly states the one needs to have AP in hand before leaving US, my friend had the AP sent to India (left for India before the AP was approved) and returned to US without any problem.

It is a RISK, but when u have no other avenues, u can try it. If lucky, the officer at POE will allow u inside US, else they will send u back.
 
Being allowed into the country does not signify that the misdemeanour will go scot free. In these days of "Computers" it is very easy to track down cases like this if INS is so inclined.

I would STRONGLY advise you not to suggest illegal ways and means of getting around INS policies to others. It gives them false hopes and if successful, they will have to look over their shoulders everytime the mail comes in.
 
Isn't the law is constructed in a way as to leave the person with no choice but to violate it?

Would this law not be in violation with a constitutionally guaranteed right?
 
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