Can I leave USA before AP issued?

[JackDp 1]

Hello everyone!

I have a question.

I've applied for AOS, EAD and AP on July 9 as it is pointed in Notice of Action.

I have tickets to Europe and hotel reservation on Sept 14 - this is our honey moon trip combined with business.

As the departure date is really close and I don't have AP yet I became nervous. I can't cancel the trip or reschedule the dates of flights.

I also realize that there are 3 weeks left before flight. I called to Office and asked to expedite saying that I will have big personal financial losses. She operator gave me a number.

So, in general how much time this takes them to proceed my request? Is it true that they do not guarantee positive decision?

And the most important question...I pointed in application that I'm planning to be back to USA after October 1, 2009, so if I leave before I'll have AP in my hands - is it safe/reasonable/worth it? I can ask my friend to FedEx AP to the country where I will be.

I understand that there is some time before depatrure but.....this trip is important for me.

Please advise and thank you very much for your time and help!

[Usui Takumi 1,562]

emergency AP is awarded pretty quickly (matter of days) but i'm not sure that financial loss = an emergency. You can mail the AP but remember there is a slight risk of damage / loss

[JackDp 1]

emergency AP is awarded pretty quickly (matter of days) but i'm not sure that financial loss = an emergency. You can mail the AP but remember there is a slight risk of damage / loss

what is risk?? If I'll leave the country before I'll have AP can this be treated as abandonment?

[NArocks 13]

You can always leave the country it will jsut be very difficult if not impossible to get back, How long will you be gone? maybe someone can get your mail and send the AP doc to you? However the finacial lose maybe nothing compared to losign status and having to start all over again Just Saying

[Chica Yeyé 41]

Exactly. You can leave at anytime; but if you leave without your AP you might -quite likely- be denied re-entry. Reason why USCIS advises not to make plans for travel until you have your visa, or your AP in this case.

[Usui Takumi 1,562]

The risk is the loss of the AP document itself which effectively locks you out.

Edited August 25, 2009 by lancer1655

[Penguin_ie 5,993]

Leaving is not a problem, returning might be, as you normally hand them part of the AP paper as you leave afaik (I am on a different visa so no personal experience). Maybe an Infopass appointment in person would help? If you do that, bring all your travel docs etc with you.

[Kathryn41 3,205]

You are not supposed to leave the country until the AP has been approved and is in your hand. Make an nfopass appointment at your local USCIS office ( http://www.uscis.gov then select 'Schedule an appointment" from the right hand side and follow instructions) and stress the business aspect of this trip - not the honeymoon aspect. Tacking the honeymoon onto the business trip is fine, but it is the need for the business trip that will garner the most sympathy. They may require you to pay a separate AP fee in order to issue an emergency AP as well. Good luck.

Edited August 25, 2009 by Kathryn41

[Anh map 2,098]

You are not supposed to leave the country until the AP has been approved and is in your hand. Make an nfopass appointment at your local USCIS office ( http://www.uscis.gov then select 'Schedule an appointment" from the right hand side and follow instructions) and stress the business aspect of this trip - not the honeymoon aspect. Tacking the honeymoon onto the business trip is fine, but it is the need for the business trip that will garner the most sympathy. They may require you to pay a separate AP fee in order to issue an emergency AP as well. Good luck.

InfoPass is your friend.

[JackDp 1]

Thank you, thank you, guys!!!

I called to Service Center, explained them why I want to expedite my AP.

They send me a Notice that they will review my request and will respond to me in 90 (!!!) days.....ha-ha-ha...what a useful it will be after 90 days!!...-)))))))

And I did infopass. The lady checked my docs (invitation from the company), I showed her tickets, explained the situation. She told me she will try to reach the guy who is responsible for the AP and will forward him my case, but there is no guarantee that they will accept my reasons for expedition...

I'm so disappointed!

Next Monday we suppose to leave....and we don't know what to do. 3 days left till they really can do something.....

Shall I disturb them more? Any suggestions?

Guys from CA, I'm in Sacramento....who know how much time takes them to approve?

Edited September 9, 2009 by JackDp

[visacheck 3]

Guys from CA, I'm in Sacramento....who know how much time takes them to approve?

Check my timeline, i got my AP in less than two months after my application was received by USCIS.

[baron555 934]

Hello everyone!

I have a question.

I've applied for AOS, EAD and AP on July 9 as it is pointed in Notice of Action.

I have tickets to Europe and hotel reservation on Sept 14 - this is our honey moon trip combined with business.

As the departure date is really close and I don't have AP yet I became nervous. I can't cancel the trip or reschedule the dates of flights.

I also realize that there are 3 weeks left before flight. I called to Office and asked to expedite saying that I will have big personal financial losses. She operator gave me a number.

So, in general how much time this takes them to proceed my request? Is it true that they do not guarantee positive decision?

And the most important question...I pointed in application that I'm planning to be back to USA after October 1, 2009, so if I leave before I'll have AP in my hands - is it safe/reasonable/worth it? I can ask my friend to FedEx AP to the country where I will be.

I understand that there is some time before depatrure but.....this trip is important for me.

Please advise and thank you very much for your time and help!

If the trip is THAT important to you, to abandon your visa petition and adjustment of status before you get the AP, then by all means go.

You WILL have to start all over again with the visa process, but you're used to that now.

If staying in the US with your SO is more important, then the loss of tickets is worth it.

And no you can not have the AP sent to you in a foreign country; that's fraud and you will be denied at the border.

And loss of ticket money is not a consideration for expediting.

[JackDp 1]

Hello everyone!

I have a question.

I've applied for AOS, EAD and AP on July 9 as it is pointed in Notice of Action.

I have tickets to Europe and hotel reservation on Sept 14 - this is our honey moon trip combined with business.

As the departure date is really close and I don't have AP yet I became nervous. I can't cancel the trip or reschedule the dates of flights.

I also realize that there are 3 weeks left before flight. I called to Office and asked to expedite saying that I will have big personal financial losses. She operator gave me a number.

So, in general how much time this takes them to proceed my request? Is it true that they do not guarantee positive decision?

And the most important question...I pointed in application that I'm planning to be back to USA after October 1, 2009, so if I leave before I'll have AP in my hands - is it safe/reasonable/worth it? I can ask my friend to FedEx AP to the country where I will be.

I understand that there is some time before depatrure but.....this trip is important for me.

Please advise and thank you very much for your time and help!

If the trip is THAT important to you, to abandon your visa petition and adjustment of status before you get the AP, then by all means go.

You WILL have to start all over again with the visa process, but you're used to that now.

If staying in the US with your SO is more important, then the loss of tickets is worth it.

And no you can not have the AP sent to you in a foreign country; that's fraud and you will be denied at the border.

And loss of ticket money is not a consideration for expediting.

Спасибо! -)