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Advance Parole expired while abroad

Discussion in 'Adjustment of status' started by atlantauser, Jun 29, 2011.

  1. atlantauser

    atlantauser Junior Member

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    Hi Ron:

    Thanks in advance for your response. Here is my situation:

    I am currently on EAD. My AP expires AUG1-2011. I need to travel abroad for a family emergency and doubt if I will be back by then. I have already applied for my renewal but not sure if I can get it before I travel.

    1) So, is it acceptable to travel on an active AP while my AP is under process.
    2) when my renewal gets approved, my friend can mail it to me which I can use to re-enter US. Is this Acceptable? I will have the receipt of my renewal with me though.
    3) My 485 date become current on July 1st. If my 485 gets approved, is it ok to mail the Green card overseas, so that I can use it to re-enter.

    thanks again for your reply on this.
     
  2. Colworth

    Colworth Member

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    Re: Advance Parole expired while abroad

    Yes, as long as you return within its validity.

    No. You must return to collect the AP during the validity of your original AP. Only then is it valid for future use. It may NOT be mailed to you for use after your original AP expires.

     
  3. Sayyid

    Sayyid Junior Member

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    Re: Advance Parole expired while abroad

    Look up my recent posts...Ron Gotcher was of the opinion that AP can be applied from out of the country, look up options e and f on form I-131. Maybe he can help you file for that if you end up in that situation...good luck. Mailing approved AP could be risky as the tracking systems in place are very comprehensive and you could end up in an issue at the Port of Entry. As for the GC getting approved and mailing the card, I think that has been done before, as I read some posts on other forums, google it out. But if you use the GC after your AP expires, if might be a similar thing, as the POE officer can say you abandoned your 485 if you enter after AP expired...give an attorney a call for peace of mind.
     
  4. Colworth

    Colworth Member

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    Re: Advance Parole expired while abroad

    Sayyid,

    AILA would like that to be true, but USCIS disagreed. I am not aware that they have changed their minds on this matter. In any case, the AP has already been applied for when the OP was in the USA.

    Option (e) and (f) relate to a Reentry Permit or Refugee Travel Document and possibly a Humanitarian Parole, all of which I-131 can be used to apply for.

    An Advance Parole (I-512L), for the purposes of preserving an I-485 application requires the person to be in the USA to collect it after approval, if it was pending when they departed the USA.

    USCIS addressed this point in their response to Q26 in the document I referenced.

     
  5. atlantauser

    atlantauser Junior Member

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    Re: Advance Parole expired while abroad

    Thank you all for the response.

    Here is what my Lawyer said:

    Yes, you can mail advance parole. But it is not recommended because of the following reasons:

    1) What if USCIS wants finger printing for AP approval. This will jeopardize everything you have done so far. Very Risky..

    2) If you verify that finger printing is up to date by calling the 1800 number or taking infopass, It may be ok to mail AP. However, the risk here is that if any RFE or rejection occurs while you are outside, you cannot fight for the case. Hence you are jeopardizing entire process.

    Its better to be safe than sorry..so, I decided not to take any risk because of my 10yrs wait time will be washed out with a silly move..

    Here is what I am planning to Do:

    My 485 is current and hopefully I will get an approval before leaving. If so, then I can leave the country and have some one mail me my GC..or if I have enough time, I may take an infopass to get a stamp..I am making an infopass appointment a day before my travel now and will cancel it later.

    Please let me know if my thought process makes sense and have any risks that I am missing..thank you all again for your help.
     

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