Can my wife use the AP approved after her departed US?

[678678G 0]

Hello, there,

I am seeking advices here because I have consulted 5 immigration lawyers (3 paid consultations) and I still do not have a definite answer.

My wife came to US K-1. We then got married and filed I-485 Status Adjustment for my wife. We also filed I-131 Travel Document (Advance Parole) separately. We received biometrics appointment notice from USCIS for last Nov 30. Everything seemed to go well. But on Nov 18, my mother-in-law who lives in my wife’s home country suddenly had a severe ischemic stroke and was sent to hospital in critical condition. We were then notified that we could lose her at any time. The situation was so bad that my wife left US for her mother on Nov 20, 10 days before her biometrics appointment, and without approved AP. We requested USCIS for biometrics reschedule.

All immigration lawyers advised me that I had to file I-130/K-3 now because my wife departed US without authorization (no approved AP). However, to my surprise, last week I received the approval notice for our I-131 Travel Document application, as well as two identical Form I-521L (approved AP). I thought and was told by the lawyers that biometrics was needed for AP approval.

My question now is whether or not my wife can use this AP to return to US and resume her I-485 process. The concern is that my wife left US before her AP was approved. The dates can be easily checked out by the stamps on passport if the CBP officer wants to do so at the port-of-entry when my wife arrives.

Any advices are much appreciated!

Gene

[Dias Melhores 0]

I say just Fed ex it to her and have her use it when she enters. It's all legitimate so what's the problem?

[Dakine 26]

Hello, there,

I am seeking advices here because I have consulted 5 immigration lawyers (3 paid consultations) and I still do not have a definite answer.

My wife came to US K-1. We then got married and filed I-485 Status Adjustment for my wife. We also filed I-131 Travel Document (Advance Parole) separately. We received biometrics appointment notice from USCIS for last Nov 30. Everything seemed to go well. But on Nov 18, my mother-in-law who lives in my wife’s home country suddenly had a severe ischemic stroke and was sent to hospital in critical condition. We were then notified that we could lose her at any time. The situation was so bad that my wife left US for her mother on Nov 20, 10 days before her biometrics appointment, and without approved AP. We requested USCIS for biometrics reschedule.

All immigration lawyers advised me that I had to file I-130/K-3 now because my wife departed US without authorization (no approved AP). However, to my surprise, last week I received the approval notice for our I-131 Travel Document application, as well as two identical Form I-521L (approved AP). I thought and was told by the lawyers that biometrics was needed for AP approval.

My question now is whether or not my wife can use this AP to return to US and resume her I-485 process. The concern is that my wife left US before her AP was approved. The dates can be easily checked out by the stamps on passport if the CBP officer wants to do so at the port-of-entry when my wife arrives.

Any advices are much appreciated!

Gene

I'd start off with a Infopass appointment.

[Justine+David 218]

I don't know how to help your immediate problem, but in the future (and for anyone reading this), if you have a genuine emergency, you can make an infopass appointment and they can give you emergency AP within a day or so...

[Otto 83]

When you last spoke with any of these attorneys - did you have the approved AP in hand? (If so, what was their suggested direction?)

[678678G 0]

I don't know how to help your immediate problem, but in the future (and for anyone reading this), if you have a genuine emergency, you can make an infopass appointment and they can give you emergency AP within a day or so...

Thanks for all your responses.

I thought about the emergency AP and even tried to call and checked USCIS site. I couldn't find out how to proceed. We did not have time to wait and we had to make travel arrangements the same day. All this happened within a day...

After I received the AP, one of my lawyers said that it was a chance worth taken (using AP to return), which means it is not 100% ok. Another lawyer said that I should be well prepared to answer questions USCIS may have, and suggested to contact ICE and tell them the situation so that they can allow my wife in with the AP. The suggestion does not sound practical to me and I have not been able to reach him for clarification.

Regarding Dias Melhores's quetion, the concern is about the fact that my wife departed US before AP approval, which in theory means automatic abandonment of the I-485 process, as I was told by everybody including the lawyers.

So, should we be concerned about my wife being denied entry because we received the AP after she already departed US?

[678678G 0]

I'd start off with a Infopass appointment.

What is an 'Infopass' and how to make an appointment for it?

[Boiler 43,759]

My recollection is that it depends on the date the AP was issued, if it is dated before she left but received after she left she can use it.

She may well be able to get back in with it.

AoS interview, well I guess that depends on whether they notice.

[Dias Melhores 0]

My recollection is that it depends on the date the AP was issued, if it is dated before she left but received after she left she can use it.

She may well be able to get back in with it.

AoS interview, well I guess that depends on whether they notice.

I agree with Boiler.

[Dias Melhores 0]

What is an 'Infopass' and how to make an appointment for it?

http://infopass.uscis.gov/

Be ready when you go. The last time my wife and I went to an Infopass appointment, we were greeted by USCIS baffoons.

[Otto 83]

http://infopass.uscis.gov/

Be ready when you go. The last time my wife and I went to an Infopass appointment, we were greeted by USCIS baffoons.

If/when you go to the infopass appointment - if possible - bring any/all documentation regarding the emergency your wife went to (hospital/doctor's notes, etc) to back up what you're telling them. Don't walk in there empty handed for sure.

[Old Dominion 26]

I agree with boiler and the others. The biometrics are for the EAD. I suspect the Infopass meeting can clarify, but maybe not. For lots and lots of VJers, it is a day trip to just get TO the USCIS office, and another day to return - certainly not useful in an emergency.

No doubt the AP document was dated before your wife returned home? If so, FedEx it to her and urge her to return within the allotted time frame.

Edited December 20, 2009 by Old Dominion

[678678G 0]

My recollection is that it depends on the date the AP was issued, if it is dated before she left but received after she left she can use it.

She may well be able to get back in with it.

AoS interview, well I guess that depends on whether they notice.

Thank you for your posting. You hit right on it. That is exactly the concern I have.

The AP Issue date is after the date when my wife left US. Was your "recollection" based on your experience or was it from USCIS regulations posted/written somewhere?

I am trying to find out if what you stated is true and if it is being enforced somehow. If it is being enforced strictly at port-of-entry, then I need to do something more. Otherwise, I may just take a chance. The worst is that my wife cannot enter because of this 'date discrepancy' on AP and her passport once arrived. I am trying to access how much risk there is by using this AP.

[678678G 0]

I agree with boiler and the others. The biometrics are for the EAD. I suspect the Infopass meeting can clarify, but maybe not. For lots and lots of VJers, it is a day trip to just get TO the USCIS office, and another day to return - certainly not useful in an emergency.

No doubt the AP document was dated before your wife returned home? If so, FedEx it to her and urge her to return within the allotted time frame.

Thank you - the AP "Date Issued" is AFTER the date when my wife left. It expires Dec 13, 2010. Therefore, the problem is that they can easily find out that my wife left before the AP was issued although it is valid for a year.

[Dias Melhores 0]

Thank you for your posting. You hit right on it. That is exactly the concern I have.

The AP Issue date is after the date when my wife left US. Was your "recollection" based on your experience or was it from USCIS regulations posted/written somewhere?

I am trying to find out if what you stated is true and if it is being enforced somehow. If it is being enforced strictly at port-of-entry, then I need to do something more. Otherwise, I may just take a chance. The worst is that my wife cannot enter because of this 'date discrepancy' on AP and her passport once arrived. I am trying to access how much risk there is by using this AP.

Good luck with your research, and I hope your wife returns safely without any harrassment. Please update us on your progress!