US Re-entry

[hikergirl 277]

She said it correctly.

I was sure I'd read on here that you would be considered as having abandoned the process if you left the US before getting AP? So AP is really a re-entry permit?

[Proud2bCDN 0]

I cross into the US almost every other week to spend 2-3 days at a time with my wife and daughter (I am from Toronto, she is from North East PA). I just bring proof that I will leave the country when I say I will, and never have a problem. I always make a note to mention that I have a petition in the process. The customs agent put that in the computer, and they are generally pleased I am doing things the legal way.

[Inky 1,111]

I was sure I'd read on here that you would be considered as having abandoned the process if you left the US before getting AP? So AP is really a re-entry permit?

No AP is not a re-entry permit they are two very different things.

[Kimbear 53]

I cross into the US almost every other week to spend 2-3 days at a time with my wife and daughter (I am from Toronto, she is from North East PA). I just bring proof that I will leave the country when I say I will, and never have a problem. I always make a note to mention that I have a petition in the process. The customs agent put that in the computer, and they are generally pleased I am doing things the legal way.

You can leave..you just cannot get BACK IN unless you have advance parole. Its a multi entry permission bascially. Its usually filed at the same time as your aos and ead.

http://www.uscis.gov/files/form/i-131instr.pdf

Edited March 8, 2012 by Kimbear

[Spoom 8]

Just bring tons of evidence of ties to Canada and you should be OK (barring the occasional CBP-agent-having-a-bad-day). I'd advise you not to lie or be vague about your relationship; it's better to be refused entry than be accused of misrepresentation.

[szemek 12]

Kimbear,

From what I understand if you leave before your AP is issued, you not only will not be allowed to enter the US, but your AOS application will be canceled and you will have to start your Visa process all over.

For instance, my fiancee has applied for AP. I could not send her to Canada and then send her AP document to come back in. The instant she leaves America, all the immigration processes are stopped.

[Kimbear 53]

Kimbear,

From what I understand if you leave before your AP is issued, you not only will not be allowed to enter the US, but your AOS application will be canceled and you will have to start your Visa process all over.

For instance, my fiancee has applied for AP. I could not send her to Canada and then send her AP document to come back in. The instant she leaves America, all the immigration processes are stopped.

edit: If a mod wants to go ahead and most parts of this thread as we are just clouding up the original ops question please do. I should have moved it myself but had a derp moment

Technically your suposed to file the aos, the ap, the ead, get your noa since that is proof your under authorized stay in the usa from the attorney general, and your ap and then leave. If you do it leave before you have done all of that then your in trouble yes.

However it clearly states on those instructions that :

You must be physically present in the United States when you file the application.

However, a Reentry Permit may be sent to a U.S. Embassy or consulate or Department of Homeland Security (DHS) office abroad for you to pick up, if you request it when you file your application.

Departure from the United States before a decision is made on an application for a Reentry Permit usually does not affect the application. However, if biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.

With the exception of having to obtain a returning resident visa abroad, a Reentry Permit does not relieve you of any of the requirements of U.S. immigration laws.

Now that is from the most recent copy of the 1-131 insructions that i also linked previously. Its been a while since i applied and i had no reason to even use the AP but it was free if filed with the aos and ead so i did. So yes..you can apply and then leave but you must tell them to send the ap once approved to a consulate etc for you. Of course that is the other issue, approval. Will you get it? I have yet to see anyone get refused. Also, will you get it in a couple months in 6? Quite a few people have received their green card before the EAD or AP was even approved.

You can also get an emergency ap same day if you do an info pass appointment, but you have to have proof that the reason your leaving is an emergency in order to get it same day and bypass the wait for the a approval.

Edited March 8, 2012 by Kimbear