Hi everyone!

My wife's grandmother is sick and she wants to go back home ASAP. We received her NOA for her AOS and AP on March 6th so I know her AP may be approved in the next few weeks. However, we made an appointment with the local office here to see if we could get an emergency approval, but they said they could not grant her an AP for extended family illness.

Anyway, one thing they did say did surprise me. The lady there said my wife could leave the US and once the AP was approved, I could send it to her and she could use it to get back in. She just said the only risky factor was the document could get lost in the mail, but besides that, there was nothing wrong with doing it that way.

Is there any definitive answer on whether or not you need the AP approval or document in hand when you leave the US? Has anyone ever left the country and then had the AP document mailed to them after approval and had no problems re-entering the US?

I will call the USCIS service center to see if I can get clarification, but was wondering what everyone here knew.

Thanks!

Just saw this on the USCIS website, so I don't know if the lady at the field office knew what she was talking about:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment.

Anyone have any thoughts?

If it is an emergency, you can schedule an info pass appointment to your local field office and probably will get one issued while you wait.

And yes you do need one in hand, leaving the USA without one is considered abandoning AOS. This happened to a fellow last December.

Examples:

http://www.visajourney.com/forums/index.ph...=103208&hl=
http://www.visajourney.com/forums/index.ph...=102219&hl=

Thanks for the reply. I thought what she said did not sound right. I guess we'll just have to wait and hope for the best.

I already did an Info Pass appointment at the local field office and tried to get an emergency AP. Unfortunately, they said illness for extended family (grandmother) was not a valid basis for granting emergency AP. Only direct family illness was valid.

Any other ideas besides waiting and hoping it gets approved soon?

They could have been confusing K-1 with K-3. K-3 is multi-entry and does not need AP.

Neither one of these applies to the OP's question. These people left the US before even applying for AP. The OP's wife applied for AP, and should get it soon.

When leaving the US, do they specifically ask to see the AP document? If not, then what's the issue? She can show it to CBP on her way back into the US.

The one concern would be that you'd have to either deliver the AP to her in person or it could get lost in the mail and then you're screwed.

The paragraph from the website says you can't leave until approved. So who knows. Logically, it makes sense that she can travel and then use the AP you send her to come back. But it's a gamble since the US government and logic don't always go together.

I think the issue is that the date of the AP approval must come prior to the date of departure (as recorded by collection of the I-94 when you depart). The woman you spoke to may have meant that you can leave after the AP is approved but not yet delivered, because the IO at the border will only go by the date of approval (as opposed to supposed receipt) in the system.


If you leave before your AP is approved, there is a risk they'll notice the dates and deny entry on that basis.

I think this is the key - except I think they WILL deny entry.