Traveling on AP - 485 approval likely soon..?

[MDTyKe 0]

Hey guys,

My I-485 is current, PD Feb 11, 2014, receipt date Apr 16, 2014 on a pending, approved I-360. All is good. I was CSC, but then transferred on June 6, 2014 (sigh) to TSC, otherwise I would probably have something by now.

I have AP document, and I am going to Canada at the end of August for 3 days, before returning to the U.S. But, I have a feeling my I-485 may be approved in the next few weeks, either just before I go to Canada, or while I'm there. The ideal scenario, of course is that I have the I-551 in hand prior to departure...

I understand that if my I-485 is approved while I'm in Canada, the use of AP document + discretion of the IO should be fine and they'll give me discretionary, or deferred inspection entry (I can show up at JFK Terminal 8 after vacation).

Has anyone encountered this kind of scenario.. whereby their I-485 is approved directly prior to travel, so they can't get the physical I-551? I am thinking of setting up (and canceling, if necessary) an Infopass appointment the day before departure.. but currently nothing's available for over a month.

Ideas? Thoughts?

[MDTyKe 0]

Absolutely no one got thoughts on this?

I know it may be possible to get an I-551 stamp (at NY office), but no availability for Infopass. Could always do a walk-in. However, I don't know if I-551 is technically needed... after all it's usually so the person can get on the plane... but Im doing pre-clearance in Canada...?

[topoftherock2013 23]

hello just saw this!

I just travelled on my AP (International)...I got back to the USA last night and my GC was delivered on saturday morning, so obviously i didn't have it with me.

It was no problem at all, the CO asked to see it but i said i don't have it as I have been out of the country and he said thats fine and accepted/stamped my passport+AP.

You will have no issues, just explain that you were out of the country when it was approved or delivered, they can check it on their comp.

Hope this helps, good luck!

[MDTyKe 0]

Thanks for your reply. My situation may be slightly different - in that I'm asking about the actual approval *before* you depart. Was your approval when you were abroad, or before you departed? Eg say you receive email notification of approval on Tues, and you're leaving Wed morning at 6am.

[Dave&Roza 748]

Thanks for your reply. My situation may be slightly different - in that I'm asking about the actual approval *before* you depart. Was your approval when you were abroad, or before you departed? Eg say you receive email notification of approval on Tues, and you're leaving Wed morning at 6am.

Given the delays at the USCIS and the USPS, approval means nothing for travelling. You need the physical card in your hands. Not to cause you any problems, but there are several people who have had issues with the GC being delivered to the wrong address or being lost by the USPS, so until you have the card in your hands to use for travel a status update on a computer is meaningless. Travel using the AP and if asked you tell them the GC has yet to arrive, but you had to travel. I see no problems with your situation.

Good luck,

Dave

[topoftherock2013 23]

my approval was 5-6 days before I left the USA.

Two days into my vacation they mailed to say my card was sent.

[MDTyKe 0]

Interesting.. thanks OP. I was under the impression that the AP document was in theory invalid and I would need a temporary I-551 stamp. Anyone else done this route like OP, by continuing to use AP document after I-485 approved?

[MDTyKe 0]

Anyone else?

[Dave&Roza 748]

Interesting.. thanks OP. I was under the impression that the AP document was in theory invalid and I would need a temporary I-551 stamp. Anyone else done this route like OP, by continuing to use AP document after I-485 approved?

Here is your situation in a nut shell. You leave the US with the AP card in hand and the GC has been approved but you do not have it yet. You have a great time outside the US and want to return. You do what everybody else does and show the airline employee your AP which allows you to enter the US without a visa or ESTA. The airline employee does not have access to the USCIS computer to see that you have been approved for a GC. So they accept the AP card and allow you to board the airplane. You arrive in the US and hand the CBP your AP and passport. They type things into the computer. You get a "Where is you GC?" or some such question. You respond that you left before it was delivered. Now depending on the mood of the person you will have no problems to up to and including the third degree--that could happen even if you have the GC with some CBP employees--but you should be allowed to re-enter the US. You may be required to show the GC at a deferred inspection station or you may not.

As I said before. I do not see a problem with your situation. You have an unexpired AP card that is valid until it expires or you receive the GC. As I said before the status on a computer system does not mean you have the GC in your hands. The USCIS is depending on the USPS to complete the process and get the GC to you and all they use is tracking not a signature required to prove the card was delivered. If have not read anywhere where is states that the AP is null and void once the GC is approved. It is my opinion that you could use AP to re-enter the US up the date it expires, but once you have the GC the re-entry process is much smoother. If anybody knows of a link to the law that states the AP is invalid once the GC is issued, I would like to know.

Relax and enjoy your trip,

Dave

[MDTyKe 0]

I'm entry via Canada so no need to show airline documents. The law is actually unclear, that's my problem. Most things I read online, including advice by Attorneys suggest the card is invalid:

http://www.avvo.com/legal-answers/is-advance-parole-valid-after-issuing-green-card--1052509.html

[Dave&Roza 748]

I'm entry via Canada so no need to show airline documents. The law is actually unclear, that's my problem. Most things I read online, including advice by Attorneys suggest the card is invalid:

http://www.avvo.com/legal-answers/is-advance-parole-valid-after-issuing-green-card--1052509.html

If you read these they are talking about a person that has the GC in hand and not a status update on a computer. http://www.gpo.gov/fdsys/granule/CFR-2001-title8-vol1/CFR-2001-title8-vol1-part223 is the actual law and http://www.gpo.gov/fdsys/granule/CFR-2001-title8-vol1/CFR-2001-title8-vol1-part223 is for the advance parole document. No where does it state that it becomes invalid once the GC is issued. From a piratical stand point it is not needed after one has the GC in their possession.

Since you are traveling to the US from Canada, I am sure they see this situation more than any other given the volume of traveling from each country that cross the border each day.

I stand by my "you should have no problems" statement.

Dave