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Filed: Other Timeline
Posted
Whatever happened to filing for Advance Parole?

Even if they had Advanced Parole, when they are approved at interview the AP papers are taken from you as you can not travel on AP once you are approved for AOS.... so they will need the I-551 stamp or the Greencard to re-enter the US...

Kez

I meant...whatever happened to filing for AP when one files for AOS so you don't have to worry about such things?

We went to our interview and were told we were approved 'pending namecheck'. If we had wanted to travel right away, we would have been sunk.

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Posted
I meant...whatever happened to filing for AP when one files for AOS so you don't have to worry about such things?

Rebecca, even if the OP had AP, if they were approved at interview, but didn't get the stamp, they wouldn't be able to travel . So even with AP, you're not free to travel anytime you want during the AOS process.

Filed: Other Timeline
Posted
I meant...whatever happened to filing for AP when one files for AOS so you don't have to worry about such things?

Rebecca, even if the OP had AP, if they were approved at interview, but didn't get the stamp, they wouldn't be able to travel . So even with AP, you're not free to travel anytime you want during the AOS process.

I'm not sure about that Doc.

Well - let's put it this way. You need SOMETHING to travel on. AP or a greencard. Greencard trumps AP - if you have it in your possession.

Why can't one travel on AP until the greencard arrives? Does the AP have to be surrendered at the interview? Or is it more a question of opening one's mouth at the interview and explaining one has imminent travel plans?

Filed: Timeline
Posted

It comes down to the type of entry.... if you use AP your legal self is left at the POE and is not admitted until you are approved at AOS interview.... Once you are approved and you enter with a greencard then both your physical and legal self admitted...

I was standard practice to stamp peoples Passports at approval until a year ago.... now because Greencards are arriving a lot faster most offices feel there is no need for people to have the stamp...

It has allways been the case for the interviewing officer to take both the AP and the EAD at an approved interview as there are no longer valid once approval has been given...

I see your choices as

1. ask for the I-551 stamp..

2. ask the officer to delay your approval until the day after your return...

3. reschedule your trip..

Hope you get it worked out

Kez

Posted
Why can't one travel on AP until the greencard arrives? Does the AP have to be surrendered at the interview? Or is it more a question of opening one's mouth at the interview and explaining one has imminent travel plans?

I believe AP becomes invalid after AOS is approved. The interviewer should ask for the AP and EAD if they approve on the spot. I don't know what the consequences would be of travelling on a AP that the interviewer forgot to take off you would be if your AOS is approved. I guess that you probably would get away with it, but it might cause some grilling at the POE.

Filed: Other Timeline
Posted
Why can't one travel on AP until the greencard arrives? Does the AP have to be surrendered at the interview? Or is it more a question of opening one's mouth at the interview and explaining one has imminent travel plans?

I believe AP becomes invalid after AOS is approved. The interviewer should ask for the AP and EAD if they approve on the spot. I don't know what the consequences would be of travelling on a AP that the interviewer forgot to take off you would be if your AOS is approved. I guess that you probably would get away with it, but it might cause some grilling at the POE.

Is there some notation in airport systems that CBP use to verify residency?

Posted
Is there some notation in airport systems that CBP use to verify residency?

I believe that the CBP computers can be used to verify USCIS activity. I know a friend of mine was questioned at the airport because he had a pending I-130 and was entering on a VWP. They must have extracted this information from somewhere.

Filed: Timeline
Posted

When they scan your passport it brings up a screen that shows all your entry/exit activity and your immigration status... it had my photo and thumb print on the screen and the date I was approved as LPR... he then asked for my greencard... scanned that and it then showed my last know address in the US and lots of codes with dates, dont know what they ment, but yes they know your status at POE..

Kez

Filed: Other Timeline
Posted (edited)
Is there some notation in airport systems that CBP use to verify residency?

I believe that the CBP computers can be used to verify USCIS activity. I know a friend of mine was questioned at the airport because he had a pending I-130 and was entering on a VWP. They must have extracted this information from somewhere.

OK. So that's where I'm coming from. This now has evolved into an educational discussion for me.

First - IS AP void once the greencard is approved? Actually void? It has no use whatsoever?

If one needs to travel before the greencard is in hand, but computer systems can prove you are a Perm Res, but just don't possess the physical proof, is it ok to travel?

Edited by rebeccajo
Filed: Timeline
Posted
Is there some notation in airport systems that CBP use to verify residency?

I believe that the CBP computers can be used to verify USCIS activity. I know a friend of mine was questioned at the airport because he had a pending I-130 and was entering on a VWP. They must have extracted this information from somewhere.

OK. So that's where I'm coming from. This now has evolved into an educational discussion for me.

First - IS AP void once the greencard is approved? Actually void? It has no use whatsoever?

If one needs to travel before the greencard is in hand, but computer systems can prove you are a Perm Res, but just don't possess the physical proof, is it ok to travel?

Yes AP is void as soon as your AOS approval is entered in the system, same as EAD so they have no use what so ever...

No you need to have Greencard/I-551 stamp as you will not be allowed to check-in for your flight to the US unless you can show you are allowed to enter the US or have a visa... Even if you loose your Greencard while out of the US you will need a travel permit from a US embassy to allow you to travel Home...

Kez

Posted
No you need to have Greencard/I-551 stamp as you will not be allowed to check-in for your flight to the US unless you can show you are allowed to enter the US or have a visa... Even if you loose your Greencard while out of the US you will need a travel permit from a US embassy to allow you to travel Home...

Well there's always a way. I've known people who have managed to blag their way back into the USA with almost no paper work (I believe they had an NOA1, but their GC was approved). They have to spend hours in an immigration office at the airport, but eventually they got let in. I certainly wouldn't recommend this, but CBP does have a degree of flexibility, despite the hard line they like to portray.

 
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