Immigration Issues/AP renewal


QUESTION: My and my husband's I-485 are pending at TSC due to pending background check. I am the primary applicant for this employment-based (EB-2) green card. My husband's AP is expiring on 5/25 but he is now in Hong Kong for research purpose with the university and it's not that convenient for him to come back at this time. Can I renew his AP for him in the United States while he is abroad? Or could you give me some suggestion if not? Thanks a lot!

ANSWER: The safest thing is for him to come back. Sinceit is employment based, there is a chacn eif you send in a renewal they will mail it to you. However, if they call him in for fingerprints he will obviously not be able to attend and then he will have an expired parole. Also even if they issue a new one without prints, if they notice at the airport that he was not here to apply for renewal then can cause a problem for him.



---------- FOLLOW-UP ----------

QUESTION: Dear Lawyer Robert,

Thanks a lot for your quick response! My husband has decided to come back before the AP expires. But he could only stay here for 2 weeks. Is it possible for him to send me his I-131 application forms and then I help send it to the USCIS from the US while he is abroad? Since the TSC would not be able to approve the AP in 2 weeks. Or should he apply it through the local office instead? I appreciate for your very kind help.

The issue is that he will probably get a fingerprint appointment as part of the process and he must be in U.S. when this occurs. The only possibility is for him to send you the I-131, you file it, he returns on 5/24 and stays until he gets fingerprint appt. However, once you get the receipt and he is here, he can try and expedite it through infopass at local office.



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Robert Hollander<B> Esq.</B>



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