Traveling with AP is I-20 now pointless?

[Sean and Kristina 24]

We filed for my husband to adjust his status from an F-1 visa in early October 2015. He received his EAD/AP combo card on December 30, 2015. We are about to travel abroad for the first time next week. I've assured him that all we need to take are his passport, EAD/AP card, our marriage certificate, his state ID, and our USCIS receipts in order for him to re-enter the country smoothly. (This is only a 6 day trip)

However, he is adamant that since he is still a student actively taking courses that he must have his school update his I-20 before his departure. I disagreed and told him that since he will not be re-entering using the F-1 visa that he doesn't need to do it. I have told him that under no circumstance is he to present his F-1 visa as his document to re-enter the US otherwise he will be viewed as abandoning his AOS.

My question is: would it hurt to have the I-20 updated prior to departure just to prove he is still taking classes like he originally intended prior to filing for AOS? Or will CBP not even care since he has approved AP?

[newacct 688]

You're right. He won't be re-entering on F1 status and thus his I-20 is irrelevant.

[Starkilla09 366]

You're absolutely right, his I-20 is irrelevant and he will be admitted in the U.S. as a parolee bearing the stamp "paroled" on his passport. He can't be admitted on F-1 even if he did update his I-20. F-1 requires non-immigrant intent at the port of entry to be admitted by a CBP officer, and he's clearly shown otherwise by marrying and filing adjustment of status. You can sensitize him about this, but it still wouldn't matter though what he believes when he seeks admission as it's all up to the CBP officer. By the way this won't be an issue as CBP just has to make sure he's admissible to the U.S. If if he has no other ineligibilities he will be admitted no doubt.

Edited March 11, 2016 by Starkilla09

[Sean and Kristina 24]

Thanks for the clarification!

[TBoneTX 46,439]

*** Thread is moved from the "AOS from WS&T Visas" main forum to the Working & Traveling forum -- topic involves travel. ***

[randomstairs 313]

Not only it's not necessary to get his I-20 signed - it is positively dangerous to do so. Presenting F-1 visa and/or I-20 at an entry point may be considered visa fraud because with these documents he claims non-immigrant intent. Therefore he would be technically lying about his intention to NOT immigrate to the US. A visa fraud may get him banned from the US for life. So, yes, you are absolutely right. He should keep the I-20 in a safe place as evidence but must not use it to enter the country.