Using Advanced Parole, which is approved while out of US

USA PERM
1

Hi,

My spouse completed biometrics and left US while EAD, AP and I485 applications are pending. My spouse AP is approved while outside US. I could receive approved AP for my spouse as i was in US.

Now can my spouse use AP to enter US without going for H4 stamping?

2

Its risky. Most attorneys recommend that you reapply AP while you stay in the US.

I suggest to get H4 visa to be on safe side. Using AP to enter may be a 50-50 chance.

Please make your best judgement.

2 Likes
3

What is the worst case that could happen if my spouse uses AP, which is approved while out of US, and she is out of US since applying AP?.

Could it cause deportation? or no such risks?

4

Denial of entry is the worst case.