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

[Betti 1]

I would think that it depends on the friendliness and understanding of the officer at the POE.

I thought that they take one of your AP papers when you leave the country and enter that into the system and you use the second page for reentering. And only if the first part is in the system the second half can be used.

I would go for an infopass appointment and let them explain your possibilities in detail.

Good luck! I hope your mother-in-law will be better soon!

[Dakine 26]

I would think -I thought =s Doesn't count!

[Otto 83]

I thought that they take one of your AP papers when you leave the country and enter that into the system and you use the second page for reentering. And only if the first part is in the system the second half can be used.

I thought that at first too, but actually CBP doesn't do anything with either AP document upon exit (they don't ask you anything; just 'goodbye'). Upon re-entering the US, both copies are presented with the passport, CBP keeps one, stamps and returns the other (so you get one, they get one).

[Betti 1]

Thank you, Otto und Karin, for explaining this procedure!

[Boiler 45,965]

I was not that specific because I had not thought through when and where I knew this.

Some years back, when I travelled with AP, I could not find it, just a holiday so non emergency reason so looked it up.

You need current AP to be able to leave and not abandon your status, It is current from the date of issue, not the date of receipt.

Does not apply in this case but I have seen cases where people have left and it was in the post and then sent on to them so they could use it to come back in.

In this case no AP issued in time so case abandoned on leaving.

My guess is that it would probably still work to travel on unless you had a particularly observant PoE. But then you have the adjustment process and possibly naturalisation, submitting dates of travel etc.

I somewhat doubt they have it inbuilt to there computer systems that a pop up flashed up saying you were ineligible to use it, but I have no idea if they check these dates manually.

[raymaga 25]

It is my understanding that the date you leave the U.S. must be AFTER the date of issuance of the AP.

I had to leave the U.S. to return to Canada because my Mother was ill, after I had applied for AP, but before I received approval. I made an InfoPass appointment and was issued my AP that same day (although it took all day at the local office to get it). I took a signed letter from my Mother's doctor (which I had faxed to me from Canada) in order to show that I needed emergency AP.

[rebeccajo 14]

http://www.uscis.gov/files/article/B5eng.pdf

Forgive me for being skeptical, but I'm finding it hard to believe that your wife has been issued an Advance Parole document without biometric collection.

Edited December 20, 2009 by rebeccajo

[678678G 0]

It is my understanding that the date you leave the U.S. must be AFTER the date of issuance of the AP.

I had to leave the U.S. to return to Canada because my Mother was ill, after I had applied for AP, but before I received approval. I made an InfoPass appointment and was issued my AP that same day (although it took all day at the local office to get it). I took a signed letter from my Mother's doctor (which I had faxed to me from Canada) in order to show that I needed emergency AP.

Thank you so much for the info. One more question - upon your return to US, did CBP officer asked for and actually inspected the letter from your mother's doctor?

[678678G 0]

http://www.uscis.gov/files/article/B5eng.pdf

Forgive me for being skeptical, but I'm finding it hard to believe that your wife has been issued an Advance Parole document without biometric collection.

But I did, much to my surprise as well. In fact, I almost had all papers ready to file I-130/K-3 after having consulted quite a few immigration lawyers. No one expected AP would be issued without biometrics. Now since I have the AP, I am considering taking a chance to use it but I would like to know how much risk there is.

[678678G 0]

But I did, much to my surprise as well. In fact, I almost had all papers ready to file I-130/K-3 after having consulted quite a few immigration lawyers. No one expected AP would be issued without biometrics. Now since I have the AP, I am considering taking a chance to use it but I would like to know how much risk there is.

I can't seem to open the link from your posting. What is it about? Are you sure the URL is correct? Thank you!

http://www.uscis.gov/files/article/B5eng.pdf

Forgive me for being skeptical, but I'm finding it hard to believe that your wife has been issued an Advance Parole document without biometric collection.

The link is not working. Is the URL correct? What is the article about? Thx

I would think that it depends on the friendliness and understanding of the officer at the POE.

I thought that they take one of your AP papers when you leave the country and enter that into the system and you use the second page for reentering. And only if the first part is in the system the second half can be used.

I would go for an infopass appointment and let them explain your possibilities in detail.

Good luck! I hope your mother-in-law will be better soon!

Thank you!

[rebeccajo 14]

Try this:

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

U.S. Citizenship and Immigration Services (USCIS) has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.

[678678G 0]

Try this:

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

U.S. Citizenship and Immigration Services (USCIS) has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.

I really appreciate your info. This link is working. Here are two Q/A related to the subject here:

(1) "Q. Is e-filing available for aliens applying for a re-entry permit or a refugee travel document on the USCIS website?

A. Currently, only those who are seeking to e-file Form I-131 for advance parole would be able to use the e-filing option. The system is currently unable to accept the additional biometrics fees that are required for refugee travel documents and re-entry permits. Therefore, customers are encouraged to file via paper until the system is changed. Once the system is in place, e-filing of Form I-131 will be available for all categories."

(2) "Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?

A. Form I-131 form instructions state, “Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.” Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel."

Regarding (1), it seems this new biometric requirements only applies to "Refugee Travel Documents and Re-entry Permits". Based on (1) above, Advance Parole seems to be different from "Refugee Travel Documents and Re-entry Permits". by the way, E-filing I-131 was not available in case of pending I-485 when I filed back in Sept.

Regarding (2), it is encouraging in my case to see the statement such as “Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application", although I am still not sure if AP = Re-entry Permit.

In my case, we did mailed biometric appointment notice back to USCIS and requrested a re-schedule per instructions.

Thanks again for your information.

[baron555 934]

Thank you - the AP "Date Issued" is AFTER the date when my wife left. It expires Dec 13, 2010. Therefore, the problem is that they can easily find out that my wife left before the AP was issued although it is valid for a year.

Since she left BEFORE having the AP in hand, she essentially abadoned her AOS petition. You will have to refile for a K-3 ofr CR-1. Sorry but the case is clear in this regard.

[Neonred 3,632]

Does your wife want to return to the US soon? If it were me I would Fed-Ex the AP to her and have her use it to reenter. I think there is a reasonable chance she will get in (I recall seeing others with the same problem here). If there is a problem you know what you are faced with, K-3 or CR-1, and you know how long that will take. To me it would be worth the chance to at least try.

[678678G 0]

Does your wife want to return to the US soon? If it were me I would Fed-Ex the AP to her and have her use it to reenter. I think there is a reasonable chance she will get in (I recall seeing others with the same problem here). If there is a problem you know what you are faced with, K-3 or CR-1, and you know how long that will take. To me it would be worth the chance to at least try.

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