Anonymous

Guys:

I need some advice, here's my situation =>

My wife left to India on March 22 on a valid Advance Parole. Two days later our 485
got approved. Now, according to our original travel plans she was to return on June
20 (a full 3 moths later).

The question is under the altered circumstances - are there any risks during re-entry
using an Advanced Parole - three months after 485 approval ? During the return, Would
a stayover at Dubai be ill adviced, or would it not matter? Does the case warrant an
attorneys advice?

I would appreciate any help.

Ingo Pakleppa

Shouldn't be a problem. In such cases, INS considers the I-485 approved after she
returns (it's even possible that she'll get her GC right at the airport, although
that is unlikely). Of course, the three months are unusual, but I don't think INS
cares about that.

I don't see why Dubai would be a problem.

Just be sure to plan for an hour or two at the airport where she enters the US.

Ingo

On Sun, 07 Apr 2002 20:30:46 GMT, "Anonymous" <[email protected]> wrote:

    >Guys:
    >
    >I need some advice, here's my situation =>
    >
    >My wife left to India on March 22 on a valid Advance Parole. Two days later our 485
    >got approved. Now, according to our original travel plans she was to return on June
    >20 (a full 3 moths later).
    >
    >The question is under the altered circumstances - are there any risks during
    >re-entry using an Advanced Parole - three months after 485 approval ? During the
    >return, Would a stayover at Dubai be ill adviced, or would it not matter? Does the
    >case warrant an attorneys advice?
    >
    >I would appreciate any help.
    >
    >
    >
    >
    >

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).

Sylvia Ottemoel

I don't believe that advanced parole can be used to enter the U.S. after the I-485
has been approved. The person is no longer eligible for AP.

However, here is a clue about what happens. See
http://www.vkblaw.com/news/onehundredninetytwo.htm, "How Does the Approval of an
Application for Adjustment of Status During the Alien's Absence from the United
States Affect His or Her Readmission?"

This refers to the case in which a person planned to enter in valid H-1 or L-1
status, but I don't see why entering with a valid advance parole document
would differ.

You will get deferred inspection, and you will have to go to your INS district office
to get your passport stamp and order up your actual PR card.

Ingo Pakleppa wrote:

    > Shouldn't be a problem. In such cases, INS considers the I-485 approved after she
    > returns (it's even possible that she'll get her GC right at the airport, although
    > that is unlikely). Of course, the three months are unusual, but I don't think INS
    > cares about that.
    >
    > I don't see why Dubai would be a problem.
    >
    > Just be sure to plan for an hour or two at the airport where she enters the US.

    > On Sun, 07 Apr 2002 20:30:46 GMT, "Anonymous" <[email protected]> wrote:

    >>I need some advice, here's my situation =>
    >>
    >>My wife left to India on March 22 on a valid Advance Parole. Two days later our 485
    >>got approved. Now, according to our original travel plans she was to return on June
    >>20 (a full 3 moths later).
    >>
    >>The question is under the altered circumstances - are there any risks during
    >>re-entry using an Advanced Parole - three months after 485 approval ? During the
    >>return, Would a stayover at Dubai be ill adviced, or would it not matter? Does the
    >>case warrant an attorneys advice?
    >>
    >>I would appreciate any help.