Restrictions on the AP?

[slowlyman 118]

My wife has her AP and she is anxious to make a trip back to see her daughter and family. What are the restrictions on the AP.

Is she limited on how long she can stay out of the US?

Can she come and go a few times. The AP card makes no mention of number of entries allowed.

How long is the AP good for?

[Karee 4,190]

My wife has her AP and she is anxious to make a trip back to see her daughter and family. What are the restrictions on the AP.

Is she limited on how long she can stay out of the US?

Can she come and go a few times. The AP card makes no mention of number of entries allowed.

How long is the AP good for?

AFAIK, it's good until you get the green card. Once you have that, there's no need for the AP.

[Cathi 5,771]

AFAIK, it's good until you get the green card. Once you have that, there's no need for the AP.

that wasn't the question.

[Karee 4,190]

that wasn't the question.

How long is the AP good for?

Care to add anything to the topic, or are you here to proofread?

[Cathi 5,771]

Care to add anything to the topic, or are you here to proofread?

it has. Itching to do with proof reading, he asked if his wife could leave the country in AP, you didn't answer

[Hypnos 6,577]

She should be fine to use AP provided she has less than 90 days of overstay. A recent BIA decision overturned this, so with any amount of overstay someone should still be able to travel on AP, but guidance has yet to be issued officially by USCIS so it's still a ####### shoot as to whether it will actually work.

If your wife has no overstay issues and wants to make a brief visit abroad to visit family then that should be fine. I don't think there's a hard and fast rule on how long you can remain outside the US on AP before your green card is issued, but if it's anything like when you have a green card then six months may be the upper limit before problems may occur.

Edited December 29, 2013 by Hypnos

[slowlyman 118]

What do you mean by over stay. We filed the AOS at the time her I-94 expired. If you consider the time between filing the AOS and the time she gets her green card over stay, then yes she would have over 90 days. But I don;t know if that limbo period is considered an over stay.

[Andy and Pui 16]

What do you mean by over stay. We filed the AOS at the time her I-94 expired. If you consider the time between filing the AOS and the time she gets her green card over stay, then yes she would have over 90 days. But I don;t know if that limbo period is considered an over stay.

YOu are covered if you sent in the AOS and have a NOA1 date. I forget what the limbo period is called. If your wife is planning on leaving before AOS is complete just make sure she is not gone to long because if you get an RFE or have to go in to be finger printed she will want to be here.

An overstay would be like this example. The I-94 expired 10-01-2013 and you did not file for AOS and receive the NOA1 with the date on the NOA1 of 10-30-2013. That would be a 29 day overstay. The overstay would stop at 29 days and then you would be covered because you sent in your AOS.

If the I-94 expired 10-01-2013 and the NOA1 date for AOS is 09-23-2013 then there would be no overstay. You would be covered because you sent in your AOS.

[slowlyman 118]

Biometrics are done, so I'm not worried about that and any RFE I could handle here.

Getting back to my question of how long can she be gone with only the AP to get back in.

[KayDeeCee 4,893]

There is no set amount of time one can stay out of the US using AP. It is used for trips while waiting for the green card, so generally shorter length visits, I would think. The EAD/AP combo card is good for multiple trips.

[bigdog 376]

Personally, no more than 3-6 months or before it expires. See the instruction and warnings on Advanced Parole / USCIS. For some reason I cannot paste the link. Don't rely on what you get in VJ for answers, do your own research and possibly make an info-pass appointment. Your status is at risk not theirs.