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

[rebeccajo 14]

Yes. That is exactly what we are thinking. I am just researching to assess the risk in involved. Appreciate your input.

I would run that by my attorney first.

[Bobby+Umit 161]

I would run that by my attorney first.

Concur - you could expose yourself to "misrepresentation" - which is bad.

[678678G 0]

Concur - you could expose yourself to "misrepresentation" - which is bad.

One of lawyers I checked with said it worth trying and she did not think there was a problem at all. But I don't like the word 'try'. The problem is that I filled all previous papers myself and did not think it was a bid deal at all. Now, with only a couple of questions to consult, it is hard to find a lawyer I can trust. I tried paid consultation, the answer was similar to the one above.

[rebeccajo 14]

One of lawyers I checked with said it worth trying and she did not think there was a problem at all. But I don't like the word 'try'. The problem is that I filled all previous papers myself and did not think it was a bid deal at all. Now, with only a couple of questions to consult, it is hard to find a lawyer I can trust. I tried paid consultation, the answer was similar to the one above.

We really don't know enough about your case to be advising you. There's no timeline details for you so we don't know when she entered; when you married; when she filed to adjust. These are all things we've not discussed in the thread and could impact her attempt to re-enter, with or without AP.

Don't settle for a "it's worth a try" answer from an attorney. Find a FAMILY IMMIGRATION EXPERT to give you a better answer. You might even be able to do a telephone consult. Immigration law is Federal law, not State law. Meaning you don't have to sit face-to-face with someone admitted to the Bar in your state of residence.

Edited December 21, 2009 by rebeccajo

[678678G 0]

We really don't know enough about your case to be advising you. There's no timeline details for you so we don't know when she entered; when you married; when she filed to adjust. These are all things we've not discussed in the thread and could impact her attempt to re-enter, with or without AP.

Don't settle for a "it's worth a try" answer from an attorney. Find a FAMILY IMMIGRATION EXPERT to give you a better answer. You might even be able to do a telephone consult. Immigration law is Federal law, not State law. Meaning you don't have to sit face-to-face with someone admitted to the Bar in your state of residence.

Thank you for your comments and advises.

In regards to your first comment, my original posting did have all the dates/timeline information in details. I am not seeking legal advice here on the forum. I just hope to find out if anybody out here has similar experiences and how they have handled the situation and what is the outcome. I have done what you suggested regarding telephone consultation and am trying to find another lawyer for 3rd opinion.

Appreciate all your comments no mater what they are. Thank you.

[Usui Takumi 1,562]

I think the only person you can trust in this situation is an officer. This is complicated enough the first person you talk to will very likely get a supervisor involved. If they allow her to travel I would get it in writing if possible.

Just realize if what some people say is true, there is a chance that the AOS is canceled once they hear that she left ahead of the AP date. Still, I would do everything above board in this situation and if you have to file the CR1 in the end so be it.

[rebeccajo 14]

I think the only person you can trust in this situation is an officer. This is complicated enough the first person you talk to will very likely get a supervisor involved. If they allow her to travel I would get it in writing if possible.

Just realize if what some people say is true, there is a chance that the AOS is canceled once they hear that she left ahead of the AP date. Still, I would do everything above board in this situation and if you have to file the CR1 in the end so be it.

Neither an "officer" (I presume you mean a supervisor) of the Service, nor really an attorney, can assure what will happen.

Much lies in the hands of the Border Officer she meets when she returns. And even if admitted, there are possible concerns at the adjustment interview.

Thank you for your comments and advises.

In regards to your first comment, my original posting did have all the dates/timeline information in details. I am not seeking legal advice here on the forum. I just hope to find out if anybody out here has similar experiences and how they have handled the situation and what is the outcome. I have done what you suggested regarding telephone consultation and am trying to find another lawyer for 3rd opinion.

Appreciate all your comments no mater what they are. Thank you.

I don't believe we have information on when she entered and when you filed for her adjustment. Those are important dates an attorney would need to know.

[TracyTN 237]

Neither an "officer" (I presume you mean a supervisor) of the Service, nor really an attorney, can assure what will happen.

Much lies in the hands of the Border Officer she meets when she returns. And even if admitted, there are possible concerns at the adjustment interview.

Agreed.

Personally, I believe an immigrant visa (or K3) will now be required before she can re-enter. She left the US before having AP approved and issued, which makes her ineligible to adjust from a K1. Is there any reason she didn't try for emergency AP before she left? (Water under the bridge now, but I'm just curious.)

But as others have said, a consultation with an experienced family based immigration attorney is the way to go. (I don't hold much hope for the one you talked to who said biometrics was required before AP could be approved...as your wife clearly missed her bio appointment but got AP anyway.) Those of us here can only offer you our best (somewhat educated) guesses. I wouldn't want to stake your future on that.

[baron555 934]

One of lawyers I checked with said it worth trying and she did not think there was a problem at all. But I don't like the word 'try'. The problem is that I filled all previous papers myself and did not think it was a bid deal at all. Now, with only a couple of questions to consult, it is hard to find a lawyer I can trust. I tried paid consultation, the answer was similar to the one above.

I think your answer has already been answered, more than once, by many of us here on VJ and by the many attorneys you can consulted.

No one can give you a clear answer because there is no clear answer. The bigger problem would be if she does "try" to enter the US using the invalid AP (obtained after she had already left) then would the border officer think that she was "misrepresenting" herself and using the invalid AP improperly?

If so they could deny entry and mark in their computers about the improper attempt at entry. This, at worst, could lead to a permanent ban from the US.

Obviously you could go through an appeal and waiver process which would be long and drawn out and with, AGAIN, no guarantees.

Bite the bullet and begin the paperwork to file for her CR-1 (best bet for married folks) and understand in the future to follow the regulations TO THE LETTER.

[Bobby+Umit 161]

Quick reply from USCIS:

Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status. Such individuals must be approved for Advance Parole before leaving the United States. Travel outside of the United States without advance parole may have severe consequences for certain individuals who are in the process of adjusting their status. Such individuals may be unable to return to the United States, their applications may be denied, or both.

So - I would not risk it.

[678678G 0]

Agreed.

Personally, I believe an immigrant visa (or K3) will now be required before she can re-enter. She left the US before having AP approved and issued, which makes her ineligible to adjust from a K1. Is there any reason she didn't try for emergency AP before she left? (Water under the bridge now, but I'm just curious.)

But as others have said, a consultation with an experienced family based immigration attorney is the way to go. (I don't hold much hope for the one you talked to who said biometrics was required before AP could be approved...as your wife clearly missed her bio appointment but got AP anyway.) Those of us here can only offer you our best (somewhat educated) guesses. I wouldn't want to stake your future on that.

Once again, thank you for your comments and suggestions. And once again, I am not looking for legal advices here on this forum. And I had been in contact with immigration lawyers. My/my wife's situation was purely due to legitmimate family medical emergecy. The decision had to be made within 12 hours. I tried to contact USCIS by phone by website without results. And I did not know anything about InfoPass until I started posting here.

So far I have contacted 5 immigration law offices. 3 told me for certain that it is ok to use AP to return. 2 told me that I have good reason to try and they think there will not be a problem at all.

I have been posting here trying to see if somebody has gone through the same situation and is willing to share the experiences. And I did find one, from another site. Here is the posting:

" Posted by lyndaomar (71) 21 Aug 2008

to yohaho:

My husband left usa for family emergency He was Physically in USA and applied You can Leave as long as you apply Ask any IO and as long as you are in Country and applied you can leave your just not guranteed to received AP. My husband left 2 days afetr i applied I received AP 2 months after and I traveled to him and personally brought him his AP,,He came back in with no problems,,ASK a IO about what I just said and our case is still processing just fine. "

And their I-485 was approved in Sept 09.

This is for those who are interested in sharing experience like I am.

[TracyTN 237]

Did those lawyers also say what the consequences may be if she tries to enter on the invalid AP and is denied entry?

[Dias Melhores 0]

Once again, thank you for your comments and suggestions. And once again, I am not looking for legal advices here on this forum. And I had been in contact with immigration lawyers. My/my wife's situation was purely due to legitmimate family medical emergecy. The decision had to be made within 12 hours. I tried to contact USCIS by phone by website without results. And I did not know anything about InfoPass until I started posting here.

So far I have contacted 5 immigration law offices. 3 told me for certain that it is ok to use AP to return. 2 told me that I have good reason to try and they think there will not be a problem at all.

I have been posting here trying to see if somebody has gone through the same situation and is willing to share the experiences. And I did find one, from another site. Here is the posting:

" Posted by lyndaomar (71) 21 Aug 2008

to yohaho:

My husband left usa for family emergency He was Physically in USA and applied You can Leave as long as you apply Ask any IO and as long as you are in Country and applied you can leave your just not guranteed to received AP. My husband left 2 days afetr i applied I received AP 2 months after and I traveled to him and personally brought him his AP,,He came back in with no problems,,ASK a IO about what I just said and our case is still processing just fine. "

And their I-485 was approved in Sept 09.

This is for those who are interested in sharing experience like I am.

Go for it and good luck.

[678678G 0]

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

My wife came back to US last week with me using the AP without any problems. I brought her the AP myself and traveled with her back to US. We went through Chicago O'Hare and the immigration officer only asked us the date of our marriage without any other questions. My wife also completed her biometrics last Friday.

Thanks to everybody on this discussion thread!!