Traveling on AP when AOS is approved.

[Chalandrae 31]

Hey all,

On August 29th, my AOS was approved. We have a trip planned to go see my family and we are leaving tomorrow, I will bring my approval notice just to be careful. When I come back, do I just show my combo card and my passport, or should I also show my approval notice? I try looking it up on google and VJ, but I haven't found anything yet.

Obviously, I will not have received the green card before I leave.

Any input would be appreciated!

[TBoneTX 45,267]

*** Thread is moved from the AOS/Family-Based main forum to the Working & Traveling forum. ***

[ricnally 258]

Oh boy, you might be in trouble here. Someone is sure to correct me if I'm wrong, but I believe, now that your AOS is approved, your EAD/AP is now null and void. You shouldn't leave the country until you have the green card IN HAND.

[Dashinka 24,491]

I agree with ricnally, the AP may no longer be valid if your GC has been approved, but I could also be wrong.

Good Luck!

[Dave&Roza 748]

No where in the CFR does it state that once the GC is approved the AP is null and void. AP is useless to a GC holder once you have the GC in your hot little hands so which would you use?

Here is your Scenario:

You go to the airport and check in at the ticket counter. The ask to see your passport and visa to enter the US. You show them and unexpired AP and they issue you your boarding pass. The AP will most likely remain in your pocket--unless you are flying thru Frankfurt where they check your boarding pass, passport, and US entry documents about three separate times if you change terminals. You enter the US and come to a CBP person. They may or may not even see if you have a GC issued. If they ask, you just tell them the GC arrived while you were out of the country. You travelled on AP. Not an issue. They may send you to secondary for a few additional questions but that seems to happen to most that use AP to enter the US.

Dave

[Chalandrae 31]

No where in the CFR does it state that once the GC is approved the AP is null and void. AP is useless to a GC holder once you have the GC in your hot little hands so which would you use?

Here is your Scenario:

You go to the airport and check in at the ticket counter. The ask to see your passport and visa to enter the US. You show them and unexpired AP and they issue you your boarding pass. The AP will most likely remain in your pocket--unless you are flying thru Frankfurt where they check your boarding pass, passport, and US entry documents about three separate times if you change terminals. You enter the US and come to a CBP person. They may or may not even see if you have a GC issued. If they ask, you just tell them the GC arrived while you were out of the country. You travelled on AP. Not an issue. They may send you to secondary for a few additional questions but that seems to happen to most that use AP to enter the US.

Dave

As I am already in Canada, I did a little more research, using many different wordings, and found out I can use AP to come back. I will call USCIS tomorrow and confirm it.

We had the notice on Friday and left at the crack of dawn this morning. My case Status never updated so It was a last minute surprise for me.

[TBoneTX 45,267]

OP, you should really talk to CBP, not to USCIS. Phone the POE where you plan to re-enter, and ask. Get the name of the agent. If it's a 24-hour port, you can even call right now.

Years ago, I took Mrs. T-B. across the Mexican border on a day trip. We used her AP to re-enter. Little did we know (and the CBP agent denied knowledge, when asked) that her green card was in the mail to us at that moment. I wouldn't worry.

Edit: http://www.cbp.gov and search for Ports of Entry

Edited September 6, 2016 by TBoneTX

[ricnally 258]

No where in the CFR does it state that once the GC is approved the AP is null and void. AP is useless to a GC holder once you have the GC in your hot little hands so which would you use?

Here is your Scenario:

You go to the airport and check in at the ticket counter. The ask to see your passport and visa to enter the US. You show them and unexpired AP and they issue you your boarding pass. The AP will most likely remain in your pocket--unless you are flying thru Frankfurt where they check your boarding pass, passport, and US entry documents about three separate times if you change terminals. You enter the US and come to a CBP person. They may or may not even see if you have a GC issued. If they ask, you just tell them the GC arrived while you were out of the country. You travelled on AP. Not an issue. They may send you to secondary for a few additional questions but that seems to happen to most that use AP to enter the US.

Dave

Hopefully, you're correct. OP, let us know how it goes.

[Chalandrae 31]

Supervisor said there shouldn't be any problem. We have his name in case something happens.

We'll see saturday