interview + EAD and travel permit

[E-N 48]

Hi all! Just got word that my husband last week was scheduled for interview and was approved for EAD + travel permit but, question, if he does well at interview does that mean he gets his greencard? Also, that is rather quick since we filed early September so, did we do something wrong?

[Nich-Nick 3,354]

His greencard will be mailed out if he does well at the interview. He won't need EAD card once he has greencard. Maybe you got real lucky or your local office has no customers so they could give you a date this soon.

Did they actually send you a date or just say you are ready to be given a date? Big difference.

Edited November 10, 2015 by Nich-Nick

[KayDeeCee 4,893]

Having an interview does not mean you did anything wrong. Some local USCIS offices are busier than others. Sounds like yours is able to get you in quickly. That is a good thing.

[E-N 48]

They said they are ready to set the date . In terms could that be soon or not as he is planning to go back to England on Sunday although he is approved for AP has not arrived yet .. Can't convince him otherwise and he heard tier 1 person at uscis say it's ok he's convinced

[Ebunoluwa 6,136]

It could be very soon while he is traveling or it could be months from now.

[E-N 48]

what does this mean?

We do not parole people out of the U.S., we can only parole them into the U.S. However, when an advance parole is issued prior to an alien's departure from the U.S., the departure does not result in the alien's application for adjustment of status pending before USCIS being deemed abandoned (see 8 CFR 245.2(a)(4)regarding effect of departure).

this came from statutes found on customs and border patrol website. sounds like they focus on the the return but not sure. I should be a lawyer because it is interesting learning about laws/statutes ect

[E-N 48]

B) The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. If the adjustment of status application of such individual is subsequently denied, he or she will be treated as an applicant for admission, and subject to the provisio ns of section 212 and 235 of the Act.

This sounds like to me by law if approved by USCIS a person can leave country but must be paroled IN back to the country through the document provided. hopefully the card will come this week though but i am sending him with the statutes printed off of the homeland security website

[Ebunoluwa 6,136]

I hope he does not intent to travel without his EAD/AP combo card in hand.

[Nich-Nick 3,354]

what does this mean?

We do not parole people out of the U.S., we can only parole them into the U.S. However, when an advance parole is issued prior to an alien's departure from the U.S., the departure does not result in the alien's application for adjustment of status pending before USCIS being deemed abandoned (see 8 CFR 245.2(a)(4)regarding effect of departure).

this came from statutes found on customs and border patrol website. sounds like they focus on the the return but not sure. I should be a lawyer because it is interesting learning about laws/statutes ect

What it means to a K1 adjusting status....

If he leaves the US, they consider his AOS as abandoned. It's over and he needs to start again applying for a spouse visa to come back from the UK. BUT if he gets and Advance Parole card issued and in his hand before he leaves, then they will not consider that he abandoned AOS and will let him back in when he tries to return.

Be very, very careful about leaving the US without an AP card. They know the date of issue and know the date of his departure. You don't want to wait a year to get him back, not to mention all the fees and paperwork all over again.

Edited November 11, 2015 by Nich-Nick

[Ebunoluwa 6,136]

B) The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. If the adjustment of status application of such individual is subsequently denied, he or she will be treated as an applicant for admission, and subject to the provisio ns of section 212 and 235 of the Act.

This sounds like to me by law if approved by USCIS a person can leave country but must be paroled IN back to the country through the document provided. hopefully the card will come this week though but i am sending him with the statutes printed off of the homeland security website

Sending him with the printed off website and without AP in hand will be a disaster.