Can an Advanced Parole be mailed to Benificiary

[Craneman 2]

Background;

We applied for the Advanced parole, EAD and AOS Nov 16, 2008.

The case was transfered to Cal in Jan, 2009.

Talked to someone at USCIS two weeks ago and they said it should be within 30 days.

My wife have surgery in Brazil 2 months before she left.

She also has twin daughters there who are to follow once she has her green card.

She seems to have developed some problems with the surgery and believes she needs to see the surgeon for treatment.

She is also very homesick for her daughters.

My question is;

Is it possible for her to travel to her home country before revieving the AP and I FEDEX the AP to her when it arrives.

I have made more than 30 trips to Brasil and have never seen anyone with a Brasilian Passport questioned or an

I-94 or any documents for that matter checked or taken.

People with non Brasilian passport have their Visas checked and verified.

How would USCIS now when she left the U.S. and that she did not have the AP when she left?

We have a letter from the Doctor on the way but that takes 2 weeks to get here and then will the USCIS consider this reason to epidite her case?

Thank You

[ikarus 1]

Is it possible for her to travel to her home country before revieving the AP and I FEDEX the AP to her when it arrives.

I have made more than 30 trips to Brasil and have never seen anyone with a Brasilian Passport questioned or an

I-94 or any documents for that matter checked or taken.

People with non Brasilian passport have their Visas checked and verified.

How would USCIS now when she left the U.S. and that she did not have the AP when she left?

We have a letter from the Doctor on the way but that takes 2 weeks to get here and then will the USCIS consider this reason to epidite her case?

Thank You

As stated on the other post:

The answer is clearly stated in the 1-131 instructions found on this page:

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

If you travel before the advance parole document is issued, your application will be deemed abandoned if:

1. You depart from the United States; or

2. The person seeking advance parole attempts to enter the United States before a decision is made on the application.

Clear enough, isn't it?

Now, if the AP was approved, technically she could leave the country and you can then fed ex the document as youre thinking of doing. Many on the forums will tell you not to do that, because also,if you read the instructions, it also says you need the ap to leave the country...but yet, they don't check that when you leave the country, and also in other threads i have seen people describing they have mailed the ap and not a problem. Again, as long as she leaves the country once she has been approved it shouldn't be a problem...But then again, if you're approved, it doesn't take long to receive the ap in the mail.....

As far as how do they know you left the country? not sure; maybe somebody else can tell us...but when the person leaves the country, they take away your i94 so do they turn that in and I'm sure they don't just throw it away....

And you can apply for an expedite AP thru the phone. I wrote a big thread on how to do that cause again, some in the forums will tell you it can't be done, while others will tell you it can be done, and uscis will even say it can only be done thru the mail......

here is that detailed thread:

http://www.visajourney.com/forums/index.php?showtopic=177190

Edited March 8, 2009 by ikarus

[Craneman 2]

Is it possible for her to travel to her home country before revieving the AP and I FEDEX the AP to her when it arrives.

I have made more than 30 trips to Brasil and have never seen anyone with a Brasilian Passport questioned or an

I-94 or any documents for that matter checked or taken.

People with non Brasilian passport have their Visas checked and verified.

How would USCIS now when she left the U.S. and that she did not have the AP when she left?

We have a letter from the Doctor on the way but that takes 2 weeks to get here and then will the USCIS consider this reason to epidite her case?

Thank You

As stated on the other post:

The answer is clearly stated in the 1-131 instructions found on this page:

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

If you travel before the advance parole document is issued, your application will be deemed abandoned if:

1. You depart from the United States; or

2. The person seeking advance parole attempts to enter the United States before a decision is made on the application.

Clear enough, isn't it?

Now, if the AP was approved, technically she could leave the country and you can then fed ex the document as youre thinking of doing. Many on the forums will tell you not to do that, because also,if you read the instructions, it also says you need the ap to leave the country...but yet, they don't check that when you leave the country, and also in other threads i have seen people describing they have mailed the ap and not a problem. Again, as long as she leaves the country once she has been approved it shouldn't be a problem...But then again, if you're approved, it doesn't take long to receive the ap in the mail.....

As far as how do they know you left the country? I don't know..maybe somebody else can tell us...

And you can apply for an expedite AP thru the phone. I wrote a big thread on how to do that cause again, some in the forums will tell you it can't be done, while others will tell you it can be done, and uscis will even say it can only be done thru the mail......

Number 2 seems to contradict number 1.

Number 2 says you must wait for approval before attempting to enter.

Everytime I talk to the USCIS I get a different answer.

[ikarus 1]

Is it possible for her to travel to her home country before revieving the AP and I FEDEX the AP to her when it arrives.

I have made more than 30 trips to Brasil and have never seen anyone with a Brasilian Passport questioned or an

I-94 or any documents for that matter checked or taken.

People with non Brasilian passport have their Visas checked and verified.

How would USCIS now when she left the U.S. and that she did not have the AP when she left?

We have a letter from the Doctor on the way but that takes 2 weeks to get here and then will the USCIS consider this reason to epidite her case?

Thank You

As stated on the other post:

The answer is clearly stated in the 1-131 instructions found on this page:

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

If you travel before the advance parole document is issued, your application will be deemed abandoned if:

1. You depart from the United States; or

2. The person seeking advance parole attempts to enter the United States before a decision is made on the application.

Clear enough, isn't it?

Now, if the AP was approved, technically she could leave the country and you can then fed ex the document as youre thinking of doing. Many on the forums will tell you not to do that, because also,if you read the instructions, it also says you need the ap to leave the country...but yet, they don't check that when you leave the country, and also in other threads i have seen people describing they have mailed the ap and not a problem. Again, as long as she leaves the country once she has been approved it shouldn't be a problem...But then again, if you're approved, it doesn't take long to receive the ap in the mail.....

As far as how do they know you left the country? I don't know..maybe somebody else can tell us...

And you can apply for an expedite AP thru the phone. I wrote a big thread on how to do that cause again, some in the forums will tell you it can't be done, while others will tell you it can be done, and uscis will even say it can only be done thru the mail......

Number 2 seems to contradict number 1.

Number 2 says you must wait for approval before attempting to enter.

Everytime I talk to the USCIS I get a different answer.

Yea...is very clear!!! Like i described in thread, we got all types of answers with the USCIS; one lady said we could get approved, leave the country without the ap, and we could mail the ap, just like you mention; another person said, absolutely not, ap must be at hand when one leaves the country. And another person even said, as long as you applied, you can leave the country, but you must be approved before you come back; when we asked another uscis person about this, they said that we must have misunderstood...ap needs to be approved before leaving the country! So yea, i dont think you'll ever get a clear answer from the uscis clerks, but what is known is that if you leave before is approved, then you're abandoning the case. That is not disputed.

[YuAndDan 153]

Schedule and INFO-Pass appointment, have AP NOA1 in hand showing that it was applied for, and request an emergency AP, explain why, and mor than likely they will issued one.

[Carlawarla 1]

Just wanted to add that she should seek medical help here, no matter where her surgery was performed!