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manuseeksgc
08-16-2010, 08:30 PM
I have my old AP valid till mid-oct... and new AP renewal is pending...I have plans to travel out of country for 3 months...can I Leave the country on Old AP and come back on new one ( assuming my friend will mail the new AP to me)

Please suggest.

Thanks Much!

tamil12
08-16-2010, 08:41 PM
I think you can't use your new AP...but u can return back with your current AP validity period.
I am not a lawyer...

manuseeksgc
09-18-2010, 02:18 PM
I recently left the country for 4 months... my AP was approved the next day and arrived in the mail 3 days after I left. Current AP expires in 1 month from now and the new one is Valid from the expirry date onwards for a year.

Do I still need to make a return trip before the expiry of the current AP? Or Can my wife whos still in US and who has plans to join me in 2 months from now can bring the new AP with her to India. Will I be able to return to US using the new AP in 4 months from now?

I m confused with different opinions. My lawyer suggests that there is no need for me to come back. But the response on this forum and others has different opinions. :(

reachinus
09-18-2010, 03:54 PM
As tamil12 said you cannot use the new ap which was approved after you left. If you use that you enter you are inviting unnecessary problems for yourself. Enter before the old one expires and the use the new one for your future trips.

manuseeksgc
09-18-2010, 04:45 PM
I respect what you guys are suggesting... but the following is what I heard from my lawyer:

"I could not locate a USCIS memo with a clear answer to this question. However, based on my understanding of the law, I believe that as long as the new Advance Parole application is approved before the current one expires, ***** should be fine and he would not have to return to the USA. He could leave now and return in January with the new Advance Parole"

ken
09-18-2010, 06:55 PM
My Situation :My current AP is expiring on Dec 15th 2010. I need to travel around Nov 10 th for 2 week I will be returning back in last week of November. Also I have applied for my renewal of AP in August 2010 which is till pending.

My question is : If I don't get my renewal AP approved till Nov 10th Will it be okay to travel based on the AP which is valid up till Dec 15th

Any answers will be highly appreciated.

manuseeksgc
09-18-2010, 07:03 PM
My Situation :My current AP is expiring on Dec 15th 2010. I need to travel around Nov 10 th for 2 week I will be returning back in last week of November. Also I have applied for my renewal of AP in August 2010 which is till pending.

My question is : If I don't get my renewal AP approved till Nov 10th Will it be okay to travel based on the AP which is valid up till Dec 15th

Any answers will be highly appreciated.

yours is very straight forward case....I dont see any reason why you cannot travel.

ken
09-18-2010, 07:20 PM
Thank You.. Any one else faced similar situation in past..

manuseeksgc
09-18-2010, 07:42 PM
also how to find out the exact date of the case approval ? I am assuming the next day based on the online update "we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT".... it went from "Initial Review" to "Post-Decision Activity"... could there be a possibility that it was approved earlier then what I am assuming? there is nothing in the mail or the document which suggests the approval date.

WAIT_FOR_EVER_GC
09-19-2010, 02:04 AM
also how to find out the exact date of the case approval ? I am assuming the next day based on the online update "we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT".... it went from "Initial Review" to "Post-Decision Activity"... could there be a possibility that it was approved earlier then what I am assuming? there is nothing in the mail or the document which suggests the approval date.

I have no idea why your lawyer is saying that there will be no problem if you come back on the new AP.
You should be traveling on a valid AP which was issued when you are in the US.This is the law.

manuseeksgc
09-19-2010, 05:10 AM
I have no idea why your lawyer is saying that there will be no problem if you come back on the new AP.
You should be traveling on a valid AP which was issued when you are in the US.This is the law.

Thanks for your response.

Any idea on how to find out the approval date of the AP? Its not printed on the document. And the only online update/email that I received was for "Post-Decision Activity", informing me about the mail that was sent.

reachinus
09-19-2010, 07:56 AM
I respect what you guys are suggesting... but the following is what I heard from my lawyer:

"I could not locate a USCIS memo with a clear answer to this question. However, based on my understanding of the law, I believe that as long as the new Advance Parole application is approved before the current one expires, ***** should be fine and he would not have to return to the USA. He could leave now and return in January with the new Advance Parole"

http://www.uscis.gov/files/nativedoc...ILA_2Apr08.pdf - Page 16
(thanks to anilanilanil for providing the link)

Advance Parole Pending - Travel During. The new 1-131 instructions say: “If you travel before the advance parole document is issued, your application will be deemed abandoned if (1) you depart from the United States.” We would like to confirm that abandonment of a pending advance parole application does not occur if the foreign national is otherwise authorized to depart and return either because the foreign national (a) already possesses a valid I-512L and returns before the 1-512L expires, or (b) has an 1-485 pending and is re-admitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-2, or V-3.

Regarding the approval date, most of the times it will be the next day after the expiry of the current one or else on the date it was approved.

manuseeksgc
09-19-2010, 09:53 AM
http://www.uscis.gov/files/nativedoc...ILA_2Apr08.pdf - Page 16
(thanks to anilanilanil for providing the link)

Advance Parole Pending - Travel During. The new 1-131 instructions say: “If you travel before the advance parole document is issued, your application will be deemed abandoned if (1) you depart from the United States.” We would like to confirm that abandonment of a pending advance parole application does not occur if the foreign national is otherwise authorized to depart and return either because the foreign national (a) already possesses a valid I-512L and returns before the 1-512L expires, or (b) has an 1-485 pending and is re-admitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-2, or V-3.

Regarding the approval date, most of the times it will be the next day after the expiry of the current one or else on the date it was approved.

my lawyer has read this memo... and per his understanding, this memo talks about the possibility of "abandonment of a pending advance parole application" if someone leaves before the approval and seeks to enter after the current one expires... but in my case it is already issued, so there is no question of abandonment.

sorry guys... I dont mean to extend the arguemnt here... just want to get the right understanding... I am sure many of us wud find this useful

manuseeksgc
09-21-2010, 12:33 PM
To all those who said I shld return back before the expiry of my current AP:

I had a 2nd opinion from a different lawyer and got the same feedback... that I dont need to come back before the expiry of my current AP. Per this lawyers understanding of Addedum V on http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf , there is possibility of AP abandonment happening if its pending..but since mine is already approved, I dont have to worry.

2ndly AP never has approval dates on it... it is ideally a future dated document ( issued from the date of expiry of the current AP)... so even if it would have been approved before I left US, it still wud have the same "date issued". So the argument that I shld waited for the approval to get thru doesnt hold good.

I guess we all are going with the wrong understanding of this addendum. Just wanted to let everyone know in case someone gets into same situation as mine ( hard pressed to remain outside the country).

Hope this helps.

Thanks for your replies

ken
09-21-2010, 01:28 PM
To all those who said I shld return back before the expiry of my current AP:

I had a 2nd opinion from a different lawyer and got the same feedback... that I dont need to come back before the expiry of my current AP. Per this lawyers understanding of Addedum V on http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf , there is possibility of AP abandonment happening if its pending..but since mine is already approved, I dont have to worry.

2ndly AP never has approval dates on it... it is ideally a future dated document ( issued from the date of expiry of the current AP)... so even if it would have been approved before I left US, it still wud have the same "date issued". So the argument that I shld waited for the approval to get thru doesnt hold good.

I guess we all are going with the wrong understanding of this addendum. Just wanted to let everyone know in case someone gets into same situation as mine ( hard pressed to remain outside the country).

Hope this helps.

Thanks for your replies

So if I travel outside the country with the approved AP and the current AP which is pending will be treated as abandoned ? is this true ?

gchopes
09-21-2010, 03:30 PM
Are they talking about 485 being abandoned or AP? If its AP they are talking about then AP cannot get approved while you are outside USA because it is considered abandoned. But for some reason if AP is approved while you are outside USA then where is the q of it being abandoned? It can only be one of the two - approved or abandoned. Either way you would know coz they would notify you.

GCVictim
09-21-2010, 03:41 PM
Let me explain personal experience. exit with old ap and get into new AP.

In 2008 My wife left to India with old AP. and came back with new AP(it was approved when she is in India). Nobody questioned on this. I think they will see only AP is valid or not. Thats it.

Don't worry. Just enjoy your vacation.

GCNeophyte
09-21-2010, 03:45 PM
Let me explain personal experience. exit with old ap and get into new AP.

In 2008 My wife left to India with old AP. and came back with new AP(it was approved when she is in India). Nobody questioned on this. I think they will see only AP is valid or not. Thats it.

Don't worry. Just enjoy your vacation.

I totally agree with GCVictim if your case has no issues (Approved). for what ever the reason if AP denies then one should think about the alternatives to re-enter.

gchopes
09-21-2010, 03:48 PM
Keep working on H1. Use AP to travel. If AP gets denied when out of the country, go get a visa stamp and return. How does that sound?

vxg
09-21-2010, 06:00 PM
I have my old AP valid till mid-oct... and new AP renewal is pending...I have plans to travel out of country for 3 months...can I Leave the country on Old AP and come back on new one ( assuming my friend will mail the new AP to me)

Please suggest.

Thanks Much!

I went through the same for my wife before we got the GC. According to my lawyer the law says that AP is only valid if approved when you are in US i.e. the date AP is approved you should be in US for it to be valid. But that is by the book. He stated that most commonly you should be OK if AP get approved when you are in India, someone Fedex it to you and you come back using it. In my wife's case it was fortunately approved two days before we left for India as i got the CRIS email but it did not arrive before we left US. The lawyer Fedex it to us in India and she used it to come back.

lost
09-22-2010, 09:40 AM
The problem with using old AP to travel out and new AP to travel back in - what happens if there is a problem with the renewal and you are out of the country?

gc_dream07
09-22-2010, 10:48 AM
My application for AP renewal was pending with USCIS and I had to travel out of the country. I returned using old still-valid AP without any issue.

xiangfin
09-24-2010, 12:55 PM
I recently left the country for 4 months... my AP was approved the next day and arrived in the mail 3 days after I left. Current AP expires in 1 month from now and the new one is Valid from the expirry date onwards for a year.

Do I still need to make a return trip before the expiry of the current AP? Or Can my wife whos still in US and who has plans to join me in 2 months from now can bring the new AP with her to India. Will I be able to return to US using the new AP in 4 months from now?

I m confused with different opinions. My lawyer suggests that there is no need for me to come back. But the response on this forum and others has different opinions. :(


Hi manuseeksgc,

I am in the same situation as yours (my AP was approved the next day after I left USA), and I will keep you updated with what I got. Maybe my experience.

I am outside of USA at the moment. On my approved new AP, both pages have Date Issued of November 21, 2010, while my current AP's expiry is Oct 20. It is weird. What is the date of approval of my AP? Obviously not November 21.

baba84
10-25-2010, 10:43 AM
this thread is very useful...

almost made the mistake of letting my spouse to travel out of the US. We have applied for AP, and she planned to go to India ahead of time, and I was to leave later to India with approved AP papers........

according to this thread and the law, if she leaves the country before the ap is approved, it means that she is abandoning it, right?

TO BE OR NO TO BE
08-31-2011, 02:56 PM
manuseeksgc - any update from your side? What happened.

Please update so we others get to know.

I am in middle of making plan and might be in similar situation this year like you had last year, so any update would be greatly appreciated.

Thank you,

manuseeksgc
08-31-2011, 06:39 PM
I have been travelling in and out of the country almost every month since early this year... was outside for 4 mths when my last AP was under process and approved... my wife mailed me the new approved one... and I used it to get in... and travelling non-stop since then. I have 9 I-94 stamps on my new AP... everytime I get in, immigration officer struggles to find an empty space for a new stamp and asks why I am travelling so much. Lately it has become much easier to face them when you know what they are going to ask :) I figured its more for their curiosity rather than any doubt on my credentials.

TO BE OR NO TO BE
09-01-2011, 09:36 AM
Thank you manuseeksgc. This is great, and very helpful!