Can I travel on old AP while new AP is pending

[manuseeksgc]

I have my old AP valid till mid-oct... and new AP renewal is pending...I have plans to travel out of country for 3 months...can I Leave the country on Old AP and come back on new one ( assuming my friend will mail the new AP to me)

Please suggest.

Thanks Much!

[tamil12]

I think you can't use your new AP...but u can return back with your current AP validity period.
I am not a lawyer...

[manuseeksgc]

I recently left the country for 4 months... my AP was approved the next day and arrived in the mail 3 days after I left. Current AP expires in 1 month from now and the new one is Valid from the expirry date onwards for a year.

Do I still need to make a return trip before the expiry of the current AP? Or Can my wife whos still in US and who has plans to join me in 2 months from now can bring the new AP with her to India. Will I be able to return to US using the new AP in 4 months from now?

I m confused with different opinions. My lawyer suggests that there is no need for me to come back. But the response on this forum and others has different opinions.

[reachinus]

As tamil12 said you cannot use the new ap which was approved after you left. If you use that you enter you are inviting unnecessary problems for yourself. Enter before the old one expires and the use the new one for your future trips.

[manuseeksgc]

I respect what you guys are suggesting... but the following is what I heard from my lawyer:

"I could not locate a USCIS memo with a clear answer to this question. However, based on my understanding of the law, I believe that as long as the new Advance Parole application is approved before the current one expires, ***** should be fine and he would not have to return to the USA. He could leave now and return in January with the new Advance Parole"

[ken]

My Situation :My current AP is expiring on Dec 15th 2010. I need to travel around Nov 10 th for 2 week I will be returning back in last week of November. Also I have applied for my renewal of AP in August 2010 which is till pending.

My question is : If I don't get my renewal AP approved till Nov 10th Will it be okay to travel based on the AP which is valid up till Dec 15th

Any answers will be highly appreciated.

[manuseeksgc]

Originally Posted by ken

My Situation :My current AP is expiring on Dec 15th 2010. I need to travel around Nov 10 th for 2 week I will be returning back in last week of November. Also I have applied for my renewal of AP in August 2010 which is till pending.

My question is : If I don't get my renewal AP approved till Nov 10th Will it be okay to travel based on the AP which is valid up till Dec 15th

Any answers will be highly appreciated.

yours is very straight forward case....I dont see any reason why you cannot travel.

[ken]

Thank You.. Any one else faced similar situation in past..

[manuseeksgc]

also how to find out the exact date of the case approval ? I am assuming the next day based on the online update "we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT".... it went from "Initial Review" to "Post-Decision Activity"... could there be a possibility that it was approved earlier then what I am assuming? there is nothing in the mail or the document which suggests the approval date.

[WAIT_FOR_EVER_GC]

Originally Posted by manuseeksgc

also how to find out the exact date of the case approval ? I am assuming the next day based on the online update "we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT".... it went from "Initial Review" to "Post-Decision Activity"... could there be a possibility that it was approved earlier then what I am assuming? there is nothing in the mail or the document which suggests the approval date.

I have no idea why your lawyer is saying that there will be no problem if you come back on the new AP.
You should be traveling on a valid AP which was issued when you are in the US.This is the law.

[manuseeksgc]

Originally Posted by WAIT_FOR_EVER_GC

I have no idea why your lawyer is saying that there will be no problem if you come back on the new AP.
You should be traveling on a valid AP which was issued when you are in the US.This is the law.

Thanks for your response.

Any idea on how to find out the approval date of the AP? Its not printed on the document. And the only online update/email that I received was for "Post-Decision Activity", informing me about the mail that was sent.

[reachinus]

Originally Posted by manuseeksgc

I respect what you guys are suggesting... but the following is what I heard from my lawyer:

"I could not locate a USCIS memo with a clear answer to this question. However, based on my understanding of the law, I believe that as long as the new Advance Parole application is approved before the current one expires, ***** should be fine and he would not have to return to the USA. He could leave now and return in January with the new Advance Parole"

http://www.uscis.gov/files/nativedoc...ILA_2Apr08.pdf - Page 16
(thanks to anilanilanil for providing the link)

Advance Parole Pending - Travel During. The new 1-131 instructions say: “If you travel before the advance parole document is issued, your application will be deemed abandoned if (1) you depart from the United States.” We would like to confirm that abandonment of a pending advance parole application does not occur if the foreign national is otherwise authorized to depart and return either because the foreign national (a) already possesses a valid I-512L and returns before the 1-512L expires, or (b) has an 1-485 pending and is re-admitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-2, or V-3.

Regarding the approval date, most of the times it will be the next day after the expiry of the current one or else on the date it was approved.

[manuseeksgc]

Originally Posted by reachinus

http://www.uscis.gov/files/nativedoc...ILA_2Apr08.pdf - Page 16
(thanks to anilanilanil for providing the link)

Advance Parole Pending - Travel During. The new 1-131 instructions say: “If you travel before the advance parole document is issued, your application will be deemed abandoned if (1) you depart from the United States.” We would like to confirm that abandonment of a pending advance parole application does not occur if the foreign national is otherwise authorized to depart and return either because the foreign national (a) already possesses a valid I-512L and returns before the 1-512L expires, or (b) has an 1-485 pending and is re-admitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-2, or V-3.

Regarding the approval date, most of the times it will be the next day after the expiry of the current one or else on the date it was approved.

my lawyer has read this memo... and per his understanding, this memo talks about the possibility of "abandonment of a pending advance parole application" if someone leaves before the approval and seeks to enter after the current one expires... but in my case it is already issued, so there is no question of abandonment.

sorry guys... I dont mean to extend the arguemnt here... just want to get the right understanding... I am sure many of us wud find this useful

[manuseeksgc]

To all those who said I shld return back before the expiry of my current AP:

I had a 2nd opinion from a different lawyer and got the same feedback... that I dont need to come back before the expiry of my current AP. Per this lawyers understanding of Addedum V on http://www.uscis.gov/files/nativedoc...ILA_2Apr08.pdf , there is possibility of AP abandonment happening if its pending..but since mine is already approved, I dont have to worry.

2ndly AP never has approval dates on it... it is ideally a future dated document ( issued from the date of expiry of the current AP)... so even if it would have been approved before I left US, it still wud have the same "date issued". So the argument that I shld waited for the approval to get thru doesnt hold good.

I guess we all are going with the wrong understanding of this addendum. Just wanted to let everyone know in case someone gets into same situation as mine ( hard pressed to remain outside the country).

Hope this helps.

Thanks for your replies

[ken]

Originally Posted by manuseeksgc

To all those who said I shld return back before the expiry of my current AP:

I had a 2nd opinion from a different lawyer and got the same feedback... that I dont need to come back before the expiry of my current AP. Per this lawyers understanding of Addedum V on http://www.uscis.gov/files/nativedoc...ILA_2Apr08.pdf , there is possibility of AP abandonment happening if its pending..but since mine is already approved, I dont have to worry.

2ndly AP never has approval dates on it... it is ideally a future dated document ( issued from the date of expiry of the current AP)... so even if it would have been approved before I left US, it still wud have the same "date issued". So the argument that I shld waited for the approval to get thru doesnt hold good.

I guess we all are going with the wrong understanding of this addendum. Just wanted to let everyone know in case someone gets into same situation as mine ( hard pressed to remain outside the country).

Hope this helps.

Thanks for your replies

So if I travel outside the country with the approved AP and the current AP which is pending will be treated as abandoned ? is this true ?