Need help - Unique AP travel situation

[shiva_82]

My wife had to travel outside US on an emergency due to a death in immediate family. We have a pending AOS. We also have a valid nonimmigrant status but it would require stamping before return to US. I am alone in US with our toddler and want my wife to be able to return ASAP. My wife couldn't get an emergency AP before she traveled. I took an emergency AP appointment for myself and my son, primarily to check if they could issue an emergency AP for my wife to return. They couldn't issue one as she had to be present in person. But the officer was very considerate and said that they will try to approve my wife's EAD/AP request based on our AOS. They said she could then use it to return if I could send the card to my wife. My son and I got paper emergency AP document. Thankfully my wife's EAD/AP based on our AOS got approved but the effective start date on her AP is the date when the AP got approved which is AFTER the date by wife left US.

The question I have is, even while my wife's AP is currently active, it was issued AFTER she left US so do anyone of you know if she can be denied entry at the port of entry or if she will face any issues?

Any help would be appreciated. Also, please recommend any other documentation that she could carry. I'm asking her to carry proof for need for emergency travel like death certificate, date of funeral etc.

[Dana985]

A few months ago my mom was admitted to a hospital in severe condition. My combo card was still pending, and our lawyer told us not to leave the USA until we get a combo card or advanced parol for an emergency. I called to schedule an interview for emergency advanced parol (before that, I had to wait to receive all original translated documents from the hospital). By the time they called me to schedule my interview, my mom had fallen into a coma and died 12 hours later. So I decided not to go for advanced parol for an emergency since the reason for leaving is changed (I would have to wait for original papers that my mom passed away), and I wouldn't see her alive. Also, the traveling process to Europe was pretty complicated (returning from Europe to the USA) at that moment. I know that lawyer warned me that my I485 would be abandoned if I decided to leave without advanced parol, and the same would happen to my kids (even if they don't leave the USA). I would be able to return to the USA since I had a valid non-immigrant visa, but I and kids would have been able to apply again.
So, I think the worst-case scenario would be that she will have to apply for AOS again. I don't know whether you have a lawyer to check what is the best thing to do right now. I hope you will get a better answer from someone who had same experience as your wife. I wish all best to you and your family.

[newacct]

My wife had to travel outside US on an emergency due to a death in immediate family. We have a pending AOS. We also have a valid nonimmigrant status but it would require stamping before return to US. I am alone in US with our toddler and want my wife to be able to return ASAP. My wife couldn't get an emergency AP before she traveled. I took an emergency AP appointment for myself and my son, primarily to check if they could issue an emergency AP for my wife to return. They couldn't issue one as she had to be present in person. But the officer was very considerate and said that they will try to approve my wife's EAD/AP request based on our AOS. They said she could then use it to return if I could send the card to my wife. My son and I got paper emergency AP document. Thankfully my wife's EAD/AP based on our AOS got approved but the effective start date on her AP is the date when the AP got approved which is AFTER the date by wife left US.

The question I have is, even while my wife's AP is currently active, it was issued AFTER she left US so do anyone of you know if she can be denied entry at the port of entry or if she will face any issues?

Any help would be appreciated. Also, please recommend any other documentation that she could carry. I'm asking her to carry proof for need for emergency travel like death certificate, date of funeral etc.

Did she have H1b/H4/L1/L2/K3/K4/V status right before she left? If so, she can return on the same type of visa and not have her I-485 abandoned. Otherwise she must be granted AP before she leaves and return on that AP to not abandon I-485. See 8 CFR 245.2(a)(4)(ii)(A-D). If she tries to enter with the AP that was granted after she left, I think she will likely not be paroled. But if she is somehow paroled and her I-485 is considered abandoned, she may be able to file I-485 again.

[randUser9]

My wife had to travel outside US on an emergency due to a death in immediate family. We have a pending AOS. We also have a valid nonimmigrant status but it would require stamping before return to US. I am alone in US with our toddler and want my wife to be able to return ASAP. My wife couldn't get an emergency AP before she traveled. I took an emergency AP appointment for myself and my son, primarily to check if they could issue an emergency AP for my wife to return. They couldn't issue one as she had to be present in person. But the officer was very considerate and said that they will try to approve my wife's EAD/AP request based on our AOS. They said she could then use it to return if I could send the card to my wife. My son and I got paper emergency AP document. Thankfully my wife's EAD/AP based on our AOS got approved but the effective start date on her AP is the date when the AP got approved which is AFTER the date by wife left US.

The question I have is, even while my wife's AP is currently active, it was issued AFTER she left US so do anyone of you know if she can be denied entry at the port of entry or if she will face any issues?

Any help would be appreciated. Also, please recommend any other documentation that she could carry. I'm asking her to carry proof for need for emergency travel like death certificate, date of funeral etc.

AFAIK, returning on the same non-immigrant (stamped) visa is the only way for her to not abandon the AOS. I do not know if she can enter using the AP, but if she can, worst case scenario, you have to file AOS again.

[shiva_82]

Did she have H1b/H4/L1/L2/K3/K4/V status right before she left? If so, she can return on the same type of visa and not have her I-485 abandoned. Otherwise she must be granted AP before she leaves and return on that AP to not abandon I-485. See 8 CFR 245.2(a)(4)(ii)(A-D). If she tries to enter with the AP that was granted after she left, I think she will likely not be paroled. But if she is somehow paroled and her I-485 is considered abandoned, she may be able to file I-485 again.

Thanks for your response. She had a valid L2 status at the time she left US. She now has a way to return back after getting her L2 stamped but the problem is that the wait times for L2 consular appointment is huge! I have a 5 year old and managing my kid without my wife is very difficult. My lawyer says that she should be able to enter with her AP even while it was issued after she left the US, because we have a humanitarian reason for having left and it is on the same basis my wife's AP was approved when in typical scenarios it would have been rejected. I went to a local USCIS office for requesting emergency AP for my son and me to be able to leave and return without any issues. At that time, I had requested the officer if they could grant an emergency AP for my wife to enter as well. While they were not able to issue an emergency AP, they said they will try and approve my wife's EAD/AP combo card so she could enter using that. Though both the USCIS officer and my lawyer are essentially confirming that she will be able to return using her AP without impacting her AOS, what I read online in USCIS site and other places is different so it is worrying.

[shiva_82]

A few months ago my mom was admitted to a hospital in severe condition. My combo card was still pending, and our lawyer told us not to leave the USA until we get a combo card or advanced parol for an emergency. I called to schedule an interview for emergency advanced parol (before that, I had to wait to receive all original translated documents from the hospital). By the time they called me to schedule my interview, my mom had fallen into a coma and died 12 hours later. So I decided not to go for advanced parol for an emergency since the reason for leaving is changed (I would have to wait for original papers that my mom passed away), and I wouldn't see her alive. Also, the traveling process to Europe was pretty complicated (returning from Europe to the USA) at that moment. I know that lawyer warned me that my I485 would be abandoned if I decided to leave without advanced parol, and the same would happen to my kids (even if they don't leave the USA). I would be able to return to the USA since I had a valid non-immigrant visa, but I and kids would have been able to apply again.
So, I think the worst-case scenario would be that she will have to apply for AOS again. I don't know whether you have a lawyer to check what is the best thing to do right now. I hope you will get a better answer from someone who had same experience as your wife. I wish all best to you and your family.

Thanks for your response. So did you leave and were you able to enter with an AP which was issued after you left?

[shiva_82]

AFAIK, returning on the same non-immigrant (stamped) visa is the only way for her to not abandon the AOS. I do not know if she can enter using the AP, but if she can, worst case scenario, you have to file AOS again.

Ok. Thanks. With the delay in L2 stamping being so huge, I am tempted to ask her to try and enter using her AP even if it puts her AOS at risk. My only concern is, will she be deported by the officer at port of entry. It is not very clear.

[Dana985]

Thanks for your response. So did you leave and were you able to enter with an AP which was issued after you left?

I didn't and I'm still waiting my combo card .

[shiva_82]

Just wanted to share an update for the benefit of everyone in this forum (see my first post in this thread for details). My wife was able to enter US using her combo card which was issued AFTER she left US. I had sent the card to her through FEDEX. When she presented her combo card at the port of entry, she was sent for secondary inspection. At secondary inspection, the officer who talked to her, seems to have checked her records and stamped her passport with the Paroled stamp, wished her and said she is good to go. She was only asked for her date of birth, no other questions. Her AOS continues to be active and the reason in the Paroled stamp is also listed as AOS.

Hope this is helpful for others in the future.

[Nwjrny]

Good outcome. Thanks for sharing