Travel outside of the US before receive green card

[JF & YF 2]

Does anyone have similar situation before?

My I-485 has been approved on May 13, which is the a worst timing to me. We have a plan to travel outside of the US from May 20 to May 30. I have not received any notice that my card has been mailed out. Therefore, I don't think I will receive the card before I leave. My trip is for my wedding reception, which involves lots of people and money issue and will be difficult to move.

I looked up a few solutions, but not sure what is the best way to solve this situation:

1. Enter the US with my EAD/AP combo card. Legally, it seems not to be allowed when green card is approved. Will it cause my green card to be suspended or anything?

2. Get a temperate I-551 stamp. However, I am not able to make an INFOPASS appointment before I leave. No opening left.

3. Ask my neighbor to mail the card to me when it arrives, but I don't know when the card will be mailed out from USCIS. It may not make it before we return to the US.

Is there any other option to enter the US? I would appreciate for any help!

[templeton 120]

You can ask the neighbor to mail it, but if for some reason your card doesn't arrive (believe me, it happens), or it gets lost on its way to you, you are stuck out of the US until it gets straightened out. That could be months. You can't get back with the AP/EAD card. It's nullified the minute the GC is issued. The only instance I've heard of that working was if a person happened to be out of country at the time their AoS was approved. Obviously they were allowed back in that case.

Trying for the I-551 is really your best option. If you can't get an appointment, all you can do is show up and hope for the best.

You were in a similar situation to me. USPS screwed up delivery of my card, of course right when I had an important cross-border trip planned. Not an emergency, but it would have caused hardship to not have been able to go, not to mention being out the money for travel costs. After I figured out it would probably be at least a couple of months until I had the green card in hand, I knew the I-551 was my only chance.

The soonest infopass appointment available was exactly two hours before my scheduled morning flight. I knew I wouldn't likely make to USCIS and still get to the airport in time. I tried checking back over the next few of days to see if there were any cancellations, but no luck. I kicked off early from work and drove down to the USCIS office. Security told me that everyone had gone home for the day (at 3pm???) but if I came back in the morning they would see then if I could be let in to talk to someone.

I got there as soon as it opened. One of them remembered me and went to talk to someone about my situation. Happily they let me in. I explained the situation again to the "gatekeeper" who gave me a number. After waiting an hour or so (good thing I didn't leave it until the morning of my flight), I spoke to an official. She initially wasn't willing to give me the stamp. It took a lot of pleading and reasoning, but eventually she did, being sure to mention that she was making a big exception for me - they normally only give the stamp in an emergency and not just for bad timing with cards being mailed or in event of loss.

From what I read here previously, some offices don't have a problem giving the I-551 stamp. Others, like the one I went to, are stingy with it. I can only stress to be as nice and polite as possible with everyone there. Nobody there is obligated to do anything for you, but if you can get them to empathize, you might be able to convince them to help.

Edited May 18, 2016 by templeton

[MadeinIndia 2]

Does anyone have similar situation before?

My I-485 has been approved on May 13, which is the a worst timing to me. We have a plan to travel outside of the US from May 20 to May 30. I have not received any notice that my card has been mailed out. Therefore, I don't think I will receive the card before I leave. My trip is for my wedding reception, which involves lots of people and money issue and will be difficult to move.

I looked up a few solutions, but not sure what is the best way to solve this situation:

1. Enter the US with my EAD/AP combo card. Legally, it seems not to be allowed when green card is approved. Will it cause my green card to be suspended or anything?

2. Get a temperate I-551 stamp. However, I am not able to make an INFOPASS appointment before I leave. No opening left.

3. Ask my neighbor to mail the card to me when it arrives, but I don't know when the card will be mailed out from USCIS. It may not make it before we return to the US.

Is there any other option to enter the US? I would appreciate for any help!

Getting the I-551 stamp is your best option. I think even if there are no appointments, you can walk in to your local USCIS office and explain the urgency and they will help you if you show the flight tickets, reception plans.

[JF & YF 2]

Thank you for both of your responses. I tried to walk in the local office this morning. While I was explaining, the lady just cut me off and insisted that they can't do anything without an appointment.

[newacct 688]

You could apply for a transportation letter at a US consulate in the country you are visiting; but I am not sure how long that can take.

You can return with your AP if it's still valid and see if CBP will let you in. I think it's unlikely that CBP will deny entry to a permanent resident who was out of the country briefly and who they can check in their system is a permanent resident.

[ChasUno 101]

You can return with your AP if it's still valid and see if CBP will let you in. I think it's unlikely that CBP will deny entry to a permanent resident who was out of the country briefly and who they can check in their system is a permanent resident.

The problem here, is that once a Green Card is approved then the previous EAD/ AP card automatically expires. If you try to enter the US with the AP card after a green card has been issued, it could be seen as immigration fraud (trying to enter the US with an expired card) and may lead to all sort of problems and potential withdrawal of the Green Card. This is a worst case scenario, and someone in this situation MAY get back in with a technically expired AP. However, some DHS officers might not take so kindly towards this and could cause huge issues. It's a very big risk to take in my opinion.

It's a stupid situation and unfair, as there are people in the situation as per the OP who are put in limbo with regards to overseas travel, even though they technically are permanent residents. It wouldn't be so bad if the USCIS weren't so inconsistent with their time frames when issuing cards, though they are not as some get them really quick while others wait weeks/ months. Hard to plan anything if the USCIS won't give you a date that you can expect to have the card delivered.

Edited May 19, 2016 by ChasUno

[templeton 120]

You can return with your AP if it's still valid and see if CBP will let you in. I think it's unlikely that CBP will deny entry to a permanent resident who was out of the country briefly and who they can check in their system is a permanent resident.

You may be right. No one here can say for sure, and like many situations probably depends on which CBP officer you get and what mood they're in. Seems awful risky, though.

[Judebloom 0]

I am in similar situation. AOS approved May 4th. No signs of GC yet. Scheduled for an international travel 1st week of June. I have infopass appointment on June 2nd.

[JF & YF 2]

Thanks for everyone's input.

I kept refreshing infopass page last night and I was very lucky that I found one open for today.

Just for future reference, based on USCIS customer service, you need to have two passport photos, I-797C (NOA1), and your passport. Do not fill out I-90. I also prepared the email notification and my itinerary. When I was at the local office, they only asked for my approval letter. I showed her the email notification. She asked if I planed for this trip long time ago. I said yes, I have AP but I can't use it since I am approved. She said "right". She didn't ask anything other than that. 15 mins later, she called me and gave my passport back to me with I-551 stamp that is valid for one year.

What a relief! I was thinking about calling off the whole trip because I thought I can't get the stupid stamp! Good luck to those who are facing a similar situation.

Edited May 19, 2016 by JF & YF