Urgent help needed on Advance Parole

[amitmaha]

Dear Immigration Attorneys,

My wife was in India since 8 months and gave birth to baby during that period. Her AP was valid till March 13th this year. She entered US on March 11th leaving the baby in India. The AP renewal was applied on March 15th. She went to Infopass office and explained this situation and the fact that she needs to return back to India as soon as possible. They requested evidence on the delivery process which was furnished.

They sent the request for expidation to Texas service center. We received an email on April 1st stating that "the furnished evidence meets the criteria for expidating your case. Wait to hear from us within 15 days for further action".

My wife was not happy with the 15 days part mentioned, and went back to Infopass asking why it would take so long? They politely said "that may just be a breathing time" and "it may even arrive before"

The Infopass personnel also asked, "are you willing to pay for the postage if it is to be sent to you by faster mail service?" We replied "yes".

However one week past, and when we did not hear back, we mailed Texas service center asking about the faster shipment service mentioned to us, and their response was "after your I-131 form gets approved and Advance Parole is granted to you, unfortunately we will NOT be alse to send the card via faster shipment service if if you pay for the shipment"

Please advice what can we do now?

Can she travel now?

My company lawyer says, without receiving Advance Parole, she should not leave the country. The immigration officer at Infopass said you can leave the country and have your husband send you the AP by post, however we do not recommend it because mails can get misplaced.

What is the consequence? Will she need to show AP during the exit or at port of entry in India?

Thank you very much for the response,

Amit

[omshiv]

you dont need to show AP before leaving or at POE in India...but at the same time you cannot have it posted in India..and if you leave without AP that means you have abandoned your GC.

contact an attorney...forum is not the right choice to get advices.

[amitmaha]

One week past, and when we did not hear back, we mailed Texas service center asking about the faster shipment service mentioned to us, and their response was

"after your I-131 form gets approved and Advance Parole is granted to you, unfortunately we will NOT be able to send the card via faster shipment service even if you pay for the shipment"

Please advice what can be done. Thanks

Seeking Infopass again appears that their views about the paid postal service is contradicting with that of the Immigration Officer at Texas service center.

Please suggest,

Thanks

[pontevecchio]

^{Please give the firm of Murthy a call.}

[cap-gap]

you dont need to show AP before leaving or at POE in India...but at the same time you cannot have it posted in India..and if you leave without AP that means you have abandoned your GC.

.

not for people maintaining H1/H4 status

@ OP..seems two weeks already passed but does she have the option to enter on H4?

[amitmaha]

cap-cap, pontevecchio, thank you for your responses.

No, she does not have an H4 option at the moment.

Regarding the comment on needing a travel document at POE, it has been my in knowledge and observation that POE flips through the passport and looks at your travel document before putting an immigration stamp. Please correct if this not true.

In case of visas, they even mention if they see the travel date not in confines of the visa. Then onus is you to substantiate and mention about I-94 and things like that, which they don't get to see evidently.

Her AP was mailed on April 9th, but haven't received yet. This was an expidated case which took more than a month.

I would like to know if she can leave for India without a travel document, or can a temporary document be requested?

Thank you,

Amit

[cap-gap]

there is expedited processing and then there is emergency(on the spot) AP processing..did u ask for emergency?

[amitmaha]

All,

We received the advance parole for one year and my wife proceeded to India. Thank you for your co-operation.

Going forward, I am in perception that with a Green Card, one needs to be in the country for 6 months out of one year, or the period that is applicable

Correspondingly, my question is,

Is there a criterion for EAD/AP as well?

How long can my wife stay in India beyond which return travel may be risky, considering the following,

1. This is her 2nd advance parole, renewal received 10 days back

2. During the previous AP, she was out of US for 9 months (june'12 to march'13) and gave birth to baby in India

3. She came to US in march'13 before the AP timed out, and the POE officer detained her for 10 minutes and went to speak to the supervisor and came back and mentioned "You like to be in India more, don't you", and saying that he paroled her for 1 year I-94 valid till march'14

4. She received the renewed advance parole in april'13, but the AP validity is "1 year", not 2 years (unlike mine)

5. she left for India two days ago to attend the child

I would like to know your views on how long can she be in India beyond which it may be risky at POE during return?

Thank you for your response,

PS. we will be working on child's travel document soon if this gets into confusion mode

[pontevecchio]

She can come back within the validity of her AP. Even after 21 years I cannot always get the semantics correct. I seriously doubt the phrase "stay in India More" was meant in any seriousness. They CANNOT stop her from coming back within the validity of the AP. Please make sure the Pediatrician Okays travel and then have her come back. Also why are you reluctant to say keep the firm of Murthy on retainer so they can help when she returns and there is any problem. Do you seriously think they are going to Mommy and her baby trouble when they are legally right? I suspect not. The Attorney General trumps them all.

[cap-gap]

Going forward, I am in perception that with a Green Card, one needs to be in the country for 6 months out of one year, or the period that is applicable

that is not true for consecutive years..At POE, they have the discretion to consider that she is not willing to maintain PR and revoke it..

[amitmaha]

cap-cap, pontevecchio, thank you for your responses.

PR is the word I was looking for, thank you cap-cap

My question is,

Is observing a PR or equivalent needed for EAD/AP candidates too?

For instance, what would happen if a person travels outside US for 1 year, re-enters just before AP times out, gets AP renewed, proceeds out of US, stays for 1 year again, re-enters just before AP times out, and repeat the above?

I know with Green Card, this is not possible.

My question is, How about the same for EAD and AP cases? What risk does the "EAD/AP renewal" process inculcate under such a case? This is a sample. If there is no rule, would like to know if there is a Best Practice (By best practise I mean a suggestion gathered out of learning and experience, for example a statement like, No- one needs to be back in so many months after the first stay and stay this long before appearing the second renewal, else they may consider a PR, and won't renew EAD/AP and so on). Just wanted to make sure my explanation is clear.

Thank you very much once again,

Amit

[cap-gap]

except for citizens, entry for all others is at the discretion of POE officer..AP is more of complimentary for 485 appliacants, not a guranteed right..

if not completely deny entry, they can harass you for sure as your wife experienced already..you can't rule out them asking the legitimacy of your marriage when your family is not together for long periods..

i don't think there is a rule either for or against your situation..and you'll get different interpretations from differnt attorneys..

may be somebody can answer it from their personal exp, but again it is best to tread your water on the safe side..

[amitmaha]

Cap-cap, thank you for your reply.

Two things involved here, one is the entry itself, and then comes the chances getting a renewal.

Entry is unpredictable and at discretion of the officer.

Say a person used visa and managed to enter each time before AP times out.

How about the renewal? Will the absence come into equation when the renewal is filed?

Thank you very much,

Amit

[pontevecchio]

"Entry is unpredictable and at discretion of the officer."

It is not. AP is a decision authorized by the Attorney General of the USA and in the absence of criminal grounds of inadmissibility your entry is not stoppable. No Officer of the Federal Government can override the AG. What they can do is to call you to the local Office after temporarily paroling you in. Having said that one can utilize a valid AP for entry multiple times over the validity of the AP and this includes new AP's one gets as time goes by.

[cap-gap]

sorry but I have to ask, what is the reason she is not willing to stay here? four to six months after child birth is normal but not years..

if she is going to get a visa, AP is not necessary at all