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Posted

I am a Canadian who currently has a EAD/AP combo card while I am waiting to get my Green card.  Just the other day, I drove back and crossed the border into the US after visiting my family in Canada.  The CBP officer told me that I would be at risk of voiding my GC and re-entering if I am not in the US when my GC is ready.  So I guess my EAD/AP travel card would no longer be valid and I would not be admitted back into the US and my GC would be invalidated.

 

Is there any truths in this?  I had plans to re-visit family again next month but I'm feeling my GC is getting close - but certainly do not want to risk anything.

FYI my priority date is Sep 2015

 

 

 

Posted
12 minutes ago, meimeiliu said:

What, having AP means they allow you to leave the U.S. temporarily while GC is pending. You're only at risk for losing GC when you leave the U.S. with no AP because it'll be considered abandonment.

Right that I understand.  What I don't understand is why they were telling me this --  as though my AP card is not going to be valid all of the sudden?  Or that they were not going to give back my AP card.  My EAD/AP isn't even expiring yet either.

 

 

 

Filed: AOS (pnd) Country: Vietnam
Timeline
Posted

they might have heard something wrong or misunderstood. Your AP will last according to their expiration date. As long as it's still valid when you travel, you'll be fine. Don't worry too much. Once you have a GC, you dont need AP anymore.

Posted
13 hours ago, meimeiliu said:

they might have heard something wrong or misunderstood. Your AP will last according to their expiration date. As long as it's still valid when you travel, you'll be fine. Don't worry too much. Once you have a GC, you dont need AP anymore.

What happens if my AOS changes status while I am out of the US?  Won't the EAD/AP card be invalidated which prevents me from returning to picking up GC?

 

Filed: AOS (pnd) Country: Vietnam
Timeline
Posted

if they send you an interview request while you're outside the US, you can either make arrangement to make it back before the interview date.or have someone reliable to retrieve the interview notice then you can ask to reschedule the interview.

again, AP's expiration does not have to do with whether your AOS change or not. USCIS give it to you so you can travel while AOS is pending. it typically lasts for a year, you wont be outside of the U.S. for a year I assume.

the AP's validation will be in according with their expiration date. if it says December 2017 for an example, then as long as you make it back to the U.S. before December then you're good. i'm not even sure what you mean AOS change status when AOS means Adjustment of Status already. usually when you get EAD/AP means you only have the interview left. that's what i mentioned above. i hope that's clear

Posted
On 2/18/2017 at 8:00 AM, dracore said:

What happens if my AOS changes status while I am out of the US?  Won't the EAD/AP card be invalidated which prevents me from returning to picking up GC?

 

If your AoS is approved while you're abroad and the GC is mailed to your US address, simply ask a reliable person to mail it to you. If that doesn't work you can always return to the US with the EAD/AP (even if the extension is denied due to AoS approval). You AoS can only get invalidated (denied) if you miss appointments such as interviews or medicals. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Posted
18 hours ago, randomstairs said:

If your AoS is approved while you're abroad and the GC is mailed to your US address, simply ask a reliable person to mail it to you. If that doesn't work you can always return to the US with the EAD/AP (even if the extension is denied due to AoS approval). You AoS can only get invalidated (denied) if you miss appointments such as interviews or medicals. 

So what it sounds like is that basically EAD/AP will still be accepted even after AoS approval?

 
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