AP approved but never recieved

[stabservo 0]

What are some thoughts on my situation...?

I am a US citizen service member married to a Peruvian foreign national. We live in Japan where my command is stationed. My command deployed to California for eight months, my wife accompanied me on a B1 visa and gave birth to our son. We were also married in the US prior to this trip.

While in California we applied for adjustment of status, filing an I-131 concurrently. The I-131 was approved just days before the orders came down that we were to pack up and go back to Japan. Now we have an I-131 approved, according to the website it is on "Post Decision Activity", we changed our address to my FPO and shipped back to Japan.

I received confirmation through my FPO of the change of address but never received the travel document. Five months have passed and we have done one service request and contacted my congressman to help resolve this issue of never receiving the travel document. When we submitted the I-131 I was sure to clearly state we were a military family traveling back to my permanent duty station in Japan until my PCS date of February when we would be returning to the US permanently. As February draws near we still are not in possession of our approved travel document. If worse comes to worse can we reenter the US having the AP approved in the system but without a hard copy?

Meanwhile I have a step daughter in Peru who successfully completed consular processing for her green card and we will be going to Peru to pick her up before coming back to the US permanently. So when we do enter, we will be doing so as a family of four with no outbound airline tickets. Two citizens, one new green card holder and one with an I-485 pending. What are the chances they will turn around a mother in our situation?

[stabservo 0]

Is my situation too complicated for this forum?

Update is that USCIS has been waiting for biometrics. I guess they decided it would be prudent to sit and wait for us to just show up. An appointment notice was not issued until my congressman's office made an inquiry. Now we have to make an emergency trip to the US to get biometrics done. As I see it we will enter on a B1 visitor visa, we are not intending to immigrate for three more months. This trip will be for vacation and biometrics collection, they said after her biometrics are in the system they will issue the combo card. That’s another thing, they told Mr. Congressman that the I-765 was also approved, funny... not according to the website; I guess they just added that one in there.

[ollywarren1 1]

Hey man. Thanks for your service. Honestly., your situation sounds pretty confusing, but some one on here should definetly be able to help you. Some advice... Ignore the website... It's full of #######. Best thing is call them instead. Something's Thats no good. My understanding is, if your going back for just 3 months, can't your family travel on a vacation visa if need be?

[ceadsearc 516]

I'm not sure I follow - you were approved for AP, and at around the same time you changed your address, but you never received the AP and now you are not sure how to re-enter the country? USPS will not forward USCIS mail as a rule, so that may be part of your problem.

[VanessaTony 3,567]

You never stated you also applied for EAD, this is important. Biometrics are NOT required for AP but ARE required for the EAD. The EAD and AP are typically a "combo card" now.

The problem is... I don't believe she can re-enter on a B1.. she will have abandoned her AOS. She's supposed to enter with the AP document but she doesn't have it... I would try and visit a local consulate/embassy BEFORE entering the US to ensure she enters on the correct status...

Edited November 10, 2011 by Vanessa&Tony

[stabservo 0]

OK so another question...according to USCIS they need to collect biometrics then they can produce and ship the combo card.

We are planning a trip to the US for this holidays leave period. We do not come back permanently until February. She can enter in December for vacation on a B1 visa, yes? I mean, we are only staying for two weeks. We plan on getting into the local USCIS office for biometrics collection during this trip.

[ceadsearc 516]

OK so another question...according to USCIS they need to collect biometrics then they can produce and ship the combo card.

We are planning a trip to the US for this holidays leave period. We do not come back permanently until February. She can enter in December for vacation on a B1 visa, yes? I mean, we are only staying for two weeks. We plan on getting into the local USCIS office for biometrics collection during this trip.

No. Since she was adjusting status from a tourist visa, she was not allowed to leave without AP. That means she cannot enter without AP, even for biometrics. The B1 is a non-immigrant visa and someone with a pending AOS clearly has immigrant intent. She will not be allowed to enter the US.

The only thing you can do is contact the consulate or embassy where you are now and see if, since AP was approved, they will issue you something allowing her to return to America legally. If not (since she was not supposed to leave the country without AP in hand), she will have abandoned her AOS application and you will need to file for a CR-1 visa instead.

[VanessaTony 3,567]

Agree with the above. She shouldn't have left without AP BUT thankfully it was approved before she left AND it doesn't require biometrics. So a trip to the embassy/consulate stating that the AP wasn't sent and whether they could give her it to her now.

She can't enter on the B1 because she's AOSing. If she enters and tells them she's entering to AOS she'll be asked for AP. She doesn't have it she's denied entry.

[stabservo 0]

Well I am just full of curve balls. What about asking the IO for "Delayed Inspection" 9 FAM 42.1 notes state that if the inspecting officer is satisfied that the applicant applied for advance parole in a timely and proper manner before leaving the US and the departure was due to compelling and uncontrollable circumstances they may merit delayed inspection. Furthermore, an immigrant returning to an unrelinquished residence in the United States without valid travel document, ect... may be granted a waiver by the DHS district director of the POE if satisfied that there is good cause for failure to present the document.

So with a bit of the law on my side, we can simply defer inspection until after the biometrics and ask for documentation of approved AP from USCIS ASC then return to the POE for inspection.

All this without a lawyer, It sounds right to me, what do you guys think???

[ceadsearc 516]

Well I am just full of curve balls. What about asking the IO for "Delayed Inspection" 9 FAM 42.1 notes state that if the inspecting officer is satisfied that the applicant applied for advance parole in a timely and proper manner before leaving the US and the departure was due to compelling and uncontrollable circumstances they may merit delayed inspection. Furthermore, an immigrant returning to an unrelinquished residence in the United States without valid travel document, ect... may be granted a waiver by the DHS district director of the POE if satisfied that there is good cause for failure to present the document.

So with a bit of the law on my side, we can simply defer inspection until after the biometrics and ask for documentation of approved AP from USCIS ASC then return to the POE for inspection.

All this without a lawyer, It sounds right to me, what do you guys think???

It's worth a try. But I'd still talk to the embassy/consulate first and see if they can help you obtain the AP documents in advance so you don't have to roll the dice.

[stabservo 0]

Hey ceadsearc, your successful biometrics walk-in with card recieved 10 days later really boosts my spirits! Can you tell me how hard it was or what you said to get the biometrics done same day?

[ceadsearc 516]

We didn't do anything special. We did have an appointment letter, so we just brought that and our location didn't care the dates were different. When you spoke with USCIS regarding biometrics, what did they advise you? Have they already mailed you an appointment?

[stabservo 0]

Yes they sent an appointment letter that we recieved on the day of the appointment, I had to send it back with a letter explaining why we were not there. This is the second time they did this. The congressional inquiry desk said all they need is biometrics to produce the card. They have known we are in Japan now, the local office, USCIS everyone. The congressmans office told them this.

I am talking to a lawyer now to get help re-entering if need be.

[CC90 90]

Given your situation--and especially your military status--delayed inspection will probably work. The catch is that you have to go back to CBP at some predetermined point in the future with a travel document. According to what you said, the AP was approved before you left; thus, no application was abandoned. Have your receipt numbers and hard copy receipts themselves handy to show CBP. Also, try to arrive in the US during business hours if possible; it's likely they'll give USCIS a call.

After this, you either have to get the card from USCIS (going to be a big pain) or go back to CBP with the green card once you have it (which will likely be faster then trying to get a new EAD/AP card from USCIS in most circumstances). At the interview, you will want to show with hard evidence that you left the country AFTER your AP was approved and that you didn't get the card. Combined with the fact that you got through CBP in deferred inspection status will likely keep you in the clear.

Additionally, many USCIS officers are ex-military; if your ducks are in a row, you should be okay.

Let us know how it goes.

[stabservo 0]

I like your optimism CC90, the poster ceadsearc above shows a nice timeline of a walk-in appointment for the biometrics and card received 10 days later. The last word from USCIS was, once biometrics were in the system, it would automatically send the AP/EAD combo card into production. This is what I am counting on. I did uncover some disappointing evidence though. We actually did leave before AP approval, I thought we left on the 9th for some reason but my passport is stamped for the 3rd. I will have a copy of my orders handy, we had no choice but to leave. The Navy gives orders, not recommendations.