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Filed: Country: Portugal
Timeline
Posted

Hi,

In anticipation of getting AP any time now (I PRAY and hope), I have two questions.

My woman needs to get home ASAP.

If she gets approval, can she leave a day or two after the approval, even though she doesn't have the physical document, and then I can later bring it to her before she comes back to the USA?

Also, she wants to be out of the country for about two and a half months. Is there any time limit for how long one is out of the country?

P

Posted

I would not recommend leaving without it in hand, according to the 131 instructions:

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

1.You depart the United States;

Getting an approval notice is not the same as it being issued.

AP's are generally good for one year, so you would not want to go beyond that.

Also, you should be prepared to return to the US if your interview comes up sooner than you think.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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