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Posted on 02 Jan 2011
Q.

AP question

my wife is dependent on my 485. Prior AP set to expire on Jan 13, 2011.applied for new AP that was approved on Nov 22, 2010 valid from Jan14, 2011 until Jan13,2012. On the AP, the "issue date" is Jan 14, 2011 (although issued on Nov 22). After receiving new AP, she left to Pakistan and planning to return in Feb 2011 using the new AP. Althouh she was in USA when the new AP was approved(Nov 22)and left US with it,the actual AP shows issue date of Jan 14,2011(one day after the current AP expires). I have heard immigration law says that you have to be in USA when the AP is issued to subsequently use the AP. In her case, it is confusing as she was in USA when it was actually "issued" on Nov 22, but not according to the issue date on the AP. Would she have any problems coming back in Feburary?

User's Location: Boston, Massachusetts, United States of America
Category: Employment-based Green Card
Posted on 02 Jan 2011
A.
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Elizabeth Chatham
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Elizabeth Chatham, PLLC
(602) 759-1880

www.chathamlegal.com

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