Need help - Unique Advance Parole 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.

[shiva_82]

Can anyone help please?

[Poramin]

This question has come up before on this forum and I have even asked my immigration attorney about this scenario (leaving the US before the AP is issued).

What that IO told you seems contrary to policy so there could be a problem at the port of entry. In previous discussions on this forum, the possibilities were discussed but no one has reported their actual experience. I'm sorry but as far as I know, your wife would be the first to blaze this trail with actual experiences.

[shiva_82]

This question has come up before on this forum and I have even asked my immigration attorney about this scenario (leaving the US before the AP is issued).

What that IO told you seems contrary to policy so there could be a problem at the port of entry. In previous discussions on this forum, the possibilities were discussed but no one has reported their actual experience. I'm sorry but as far as I know, your wife would be the first to blaze this trail with actual experiences.

Thanks for your response. I'm keeping my fingers crossed. Let's see. I also checked with a couple of attorney office, one who represented my company and another that I know. Both of them said that she should be able to use it to enter considering the circumstances in which the AP was granted. Further both the attorneys said it is in USCIS discretion to issue the AP after someone had left the country. In this case they were aware that my wife had travelled out already and they said that my wife's AP seems to have been approved based on the evidences that we had submitted for the emergency.

Like I said, it's so stressful and hopefully she will be able to enter without any issues.

I'll keep this forum updated.

[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. (This was recommended by the officer at the USCIS field office while I went for the emergency AP). When my wife 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 asked. 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.

[Dana985]

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. (This was recommended by the officer at the USCIS field office while I went for the emergency AP). When my wife 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 asked. 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.

Thank you for your update, and I'm glad that drama is finally over for you. Best wishes and Happy New Year!

[shiva_82]

Thank you for your update, and I'm glad that drama is finally over for you. Best wishes and Happy New Year!

Happy New Year to you too ..!

[tyoty]

shiva_82 Glad your wife was able to re-enter. Any news on your case? Have you or your attorney inquired on the status of the AOS?

Most folks speculate, based on the policy, that the AOS is abandoned/cancelled. However, I don't think there's a systematically way that USCIS does that. Curious to hear how your case or interview went -- whether the travel prior to AP affected the AOS.

[shiva_82]

shiva_82 Glad your wife was able to re-enter. Any news on your case? Have you or your attorney inquired on the status of the AOS?

Most folks speculate, based on the policy, that the AOS is abandoned/cancelled. However, I don't think there's a systematically way that USCIS does that. Curious to hear how your case or interview went -- whether the travel prior to AP affected the AOS.

I saw your message and have responded to it