worried about entry using AP...

[i140wait73]

Hi All,
I and my wife have filed for I485.We both have EADs and AP.

My wife left the US before the AP is approved.She was in H4 status when she left but the H4/Hi expired now.Now I am using the EAD to work.

Our AP got approved after she left the US.Now I am going to India on a Vacation and we are planning to use the AP.

How common is the officer at the Port of the Entry denying her entry into the US since there is a law that you can't leave the US when AP is processed.
Has anyone done this before?

No matter what we are going to use AP and try to come into US but just want to see what others think.
Also my 6 years in H1B got over and so I can't go back to H1.

The following is from Murthy's chat and is making me nervous.

Pls post your comments which would make us feel comfortable(or worse )

Chat User : Hi. Does one need travel parole even at the time of leaving the U.S. or only when entering the U.S.? Can it be mailed outside of the U.S.?

Attorney Murthy : Under the law, a person is no longer supposed to depart the U.S. before obtaining the advance parole approval. At the time of entering the U.S., the inspector at the airport has the right to deny the person entry to the U.S. based on the person's having departed the U.S. before having obtained the AP approval. So, it is risky to depart the U.S. before obtaining the AP approval notice.

 

[saigc]

Your wife may not be admitted at all. It is always better to check with attorney before you leave usa when any petition is pending.

As Attorney Murthy says you cannot travel out of usa when AP is pending. if you do the pending AP is treated as abondoned. To enter back you wife might have to use h4. but unfortunately as your h1 6 year limit is over she lost that chance too.

here is my 2 suggestion.

1. if your h1 is still valid or about to expire or expired just today, file 7th year extension thru preminum processing. Then go to your home country and get visa stamped on your passport (h1) and your wife passort (h4) and then enter.

2. even if your h1 expired you are still in legal status as you are adjustment of status pending. using this reason, you can still file 7th year extension. mostly you will not get i94 attached to it. meaning you have to go out of usa and get stamped and enter with new i94. with this option even your wife can enter using h4 visa.

3. if your above options is not applicable for you, the only solution i can think of is, file a petition (dont remember the form number or name) to change your wife's processing to consular processing. this will make her case transferred to her resident country and processed as normal. only problem is that you and your wife had to be separated for a while till she gets the green card approved. check with some real good attorney and file it soon. based on your receipt date of filing i485 you should be getting approved soon. consult attorney immediately

 

[SAI4567]

AP usage

Hi i140wait73,
Don't worry too much about it..There are very good postings and opinion about AP usage on this forum so search about AP on this site, read carefully and you will find some solution..

 

[confusedalien]

my wife is also planning to travel soon and do exactly the same thing. dont really feel like postponing the travel even now, for emotional reasons.

what exactly happens if entry is denied at POE? can she atleast meet me if i am waiting in the POE airport lounge? will she be asked to take the next immediate flight, or is there a specified no. of days within which she has to return to india?

i140wait73, pl. do post your wife's experience when she returns. also, please post the steps you are planning to take.

thanks
confusedalien

 

[confusedalien]

does anyone has experience of what exactly happens if there is an issue at port-of-entry? i am just trying to estimate the risk/money/pain associated with it. will i be able to somehow 'fix' the damage from US itself?

confusedalien

 

[saigc]

confusedalien

This may be very serious issue. consult with your attorney before you go out. even if it would be paid consultation go for it.

if there is any problem in poe like if the officer did not permit to enter you may not be able to do anything. its better to correct the problem before you leave usa or before you enter. else you might loose lots of money.