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Travel while awaiting AP

Travel while awaiting AP

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Old Apr 4th 2003, 5:29 pm
  #1  
Jozef
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Posts: n/a
Default Travel while awaiting AP

Hi,

One of our kids would like to travel abroad this summer but since our lawyer
is presently preparing our I-140/I-485/I-485A (we're going to adjust status
under the LIFE act) /I-131/I-765s we don't have much hope getting an AP in
time.

Does one have to have the AP in hand when leaving the country?
If not, we could mail it to her while she's abroad, couldn't we? What are
the chances of an AP being denied?


Thanks,


Jozef
 
Old Apr 4th 2003, 7:39 pm
  #2  
XXX Yyy
Guest
 
Posts: n/a
Default Re: Travel while awaiting AP

They sometimes send the AP (and then, you could forward it), but then too
sometimes ask the applicant to take it in person at the INS office (then you
would be in trouble).



"Jozef" wrote in message
news:%[email protected]...
    > Hi,
    > One of our kids would like to travel abroad this summer but since our
lawyer
    > is presently preparing our I-140/I-485/I-485A (we're going to adjust
status
    > under the LIFE act) /I-131/I-765s we don't have much hope getting an AP in
    > time.
    > Does one have to have the AP in hand when leaving the country?
    > If not, we could mail it to her while she's abroad, couldn't we? What are
    > the chances of an AP being denied?
    > Thanks,
    > Jozef
 
Old Apr 6th 2003, 1:50 am
  #3  
Alf
Guest
 
Posts: n/a
Default Re: Travel while awaiting AP

"Jozef" wrote in message
news:%[email protected]...
    > Hi,
    > One of our kids would like to travel abroad this summer but since our
lawyer
    > is presently preparing our I-140/I-485/I-485A (we're going to adjust
status
    > under the LIFE act) /I-131/I-765s we don't have much hope getting an AP in
    > time.
    > Does one have to have the AP in hand when leaving the country?
    > If not, we could mail it to her while she's abroad, couldn't we? What are
    > the chances of an AP being denied?

Yes. Leaving the US without AP will automatically cancel the
AOS application (in this case your daughter's).

If you or any of your family members have been in the US illegally,
you will most likely be refused entry upon your return even though
you have the AP with you; INS will place the 3 or 10 years ban
on you.

I would strongly suggest you consult your lawyer about this.
 
Old Apr 10th 2003, 6:32 pm
  #4  
Jozef
Guest
 
Posts: n/a
Default Re: Travel while awaiting AP

Didn't know about the AOS being canceled when leaving the country without
AP!

We don't have to worry about the bar since we didn't accrue 180 days of
illegal presence.

Thanks for the info.

"Alf" wrote in message
news:[email protected]...

"Jozef" wrote in message
news:%[email protected]...
    > Hi,
    > One of our kids would like to travel abroad this summer but since our
lawyer
    > is presently preparing our I-140/I-485/I-485A (we're going to adjust
status
    > under the LIFE act) /I-131/I-765s we don't have much hope getting an AP in
    > time.
    > Does one have to have the AP in hand when leaving the country?
    > If not, we could mail it to her while she's abroad, couldn't we? What are
    > the chances of an AP being denied?

Yes. Leaving the US without AP will automatically cancel the
AOS application (in this case your daughter's).

If you or any of your family members have been in the US illegally,
you will most likely be refused entry upon your return even though
you have the AP with you; INS will place the 3 or 10 years ban
on you.

I would strongly suggest you consult your lawyer about this.
 
Old Apr 10th 2003, 11:42 pm
  #5  
Sahin
Guest
 
Posts: n/a
Default Re: Travel while awaiting AP

BCIS recently made it clear that person should not travel abroad while
AP is pending and intend to use that AP on your return. This is not a
choice anymore.


"Jozef" wrote in message news:...
    > Didn't know about the AOS being canceled when leaving the country without
    > AP!
    >
    > We don't have to worry about the bar since we didn't accrue 180 days of
    > illegal presence.
    >
    > Thanks for the info.
    >
    > "Alf" wrote in message
    > news:[email protected]...
    >
    > "Jozef" wrote in message
    > news:%[email protected]...
    > > Hi,
    > >
    > > One of our kids would like to travel abroad this summer but since our
    > lawyer
    > > is presently preparing our I-140/I-485/I-485A (we're going to adjust
    > status
    > > under the LIFE act) /I-131/I-765s we don't have much hope getting an AP in
    > > time.
    > >
    > > Does one have to have the AP in hand when leaving the country?
    > > If not, we could mail it to her while she's abroad, couldn't we? What are
    > > the chances of an AP being denied?
    >
    > Yes. Leaving the US without AP will automatically cancel the
    > AOS application (in this case your daughter's).
    >
    > If you or any of your family members have been in the US illegally,
    > you will most likely be refused entry upon your return even though
    > you have the AP with you; INS will place the 3 or 10 years ban
    > on you.
    >
    > I would strongly suggest you consult your lawyer about this.
 
Old Apr 11th 2003, 1:14 am
  #6  
Jozef
Guest
 
Posts: n/a
Default Re: Travel while awaiting AP

You're right... read in a message from Sylvia that leaving without the AP is
like 'abandoning the I-485'...


--

"Sahin" wrote in message
news:[email protected]...
BCIS recently made it clear that person should not travel abroad while
AP is pending and intend to use that AP on your return. This is not a
choice anymore.


"Jozef" wrote in message
news:...
    > Didn't know about the AOS being canceled when leaving the country without
    > AP!
    > We don't have to worry about the bar since we didn't accrue 180 days of
    > illegal presence.
    > Thanks for the info.
    > "Alf" wrote in message
    > news:[email protected]...
    > "Jozef" wrote in message
    > news:%[email protected]...
    > > Hi,
    > >
    > > One of our kids would like to travel abroad this summer but since our
    > lawyer
    > > is presently preparing our I-140/I-485/I-485A (we're going to adjust
    > status
    > > under the LIFE act) /I-131/I-765s we don't have much hope getting an AP
in
    > > time.
    > >
    > > Does one have to have the AP in hand when leaving the country?
    > > If not, we could mail it to her while she's abroad, couldn't we? What
are
    > > the chances of an AP being denied?
    > Yes. Leaving the US without AP will automatically cancel the
    > AOS application (in this case your daughter's).
    > If you or any of your family members have been in the US illegally,
    > you will most likely be refused entry upon your return even though
    > you have the AP with you; INS will place the 3 or 10 years ban
    > on you.
    > I would strongly suggest you consult your lawyer about this.
 
Old Apr 11th 2003, 1:33 am
  #7  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default Re: Travel while awaiting AP

"Jozef" wrote in message
news:[email protected]...

    > You're right... read in a message from Sylvia that leaving without the AP
is
    > like 'abandoning the I-485'...

It's not just "like" abandoning the I-485 -- it IS abandoning the I-485.
The act of departing is the act of abandonment.
 

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