will 485 approval invalidate Advance Parole

J

Johnny Wu

New Member
My wife left US for a vacation in China on 08/03/2004. On the same day, her 485 case was approved. We didn't know the approval until yesterday. She has AP valid through 2005. Can she still use her AP when she is back?

Someone said the 485 approval will invalidate the AP if the applicant is in US while the 485 is approved. This is not true, right?

Pleaset clarify.

Thanks
 
U may need to do a little explanation at the port of entry. It should not be a problem.
 
Not a problem at all..the officer will usually send for a delayed inspection, meaning that she will need to go to a USCIS office within some days of her stepping into the US...
 
No problem, they don't even check the case numbers at port of entry FYI.
All your EAD's Parols are invalidated only after you got stmped on your passport. If you don't get passport stamped then everything is valid till they expire..

Your 485 approval is not a visa on your passport, it is only a document to give visa (there are chances of rejecting, but that never happens), it is like H1 papers but there is no guarantee that you get Visa..

As long as your wife did not get stamped on the passport all EAD's, AP's are valid..
 
Can I get stamped now

I am the primary applicant. If I go to stamp my passport now, my EAD/AP will be invalidated. Will this invalidate my wife's EAD/AP too?
 
Reply from the lawyer's office

Reply from the paralegal:
YOUR SPOUSE CAN ATTEMPT TO ENTER ON HER ADVANCE PAROLE. IF THE CIS PORT OF ENTRY LOOKS IN THEIR COMPUTER AND SEES THAT SHE HAS BEEN APPROVED, THE WORST THAT CAN HAPPEN IS THAT THEY'D BE ASKED TO GO TO THEIR LOCAL OFFICE FOR DEFERRED INSPECTION, AT WHICH TIME THEY SHE COULD OBTAIN THE PERMANENT RESIDENCY STAMP. IF THEY LET HER IN USING HER ADVANCE PAROLE, SHE CAN VISIT THE LOCAL OFFICE TO HAVE HER PASSPORT STAMPED UPON HER RETURN.
 
Not a problem

My case was also approved on the day I left for vacation. Just got back in last week without any problems. They didn't even give me a deferred entry, but processed my AP as per normal.

Don't worry - it won't be a problem!
 
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