Mexico Travel on EAD/AP & Out-of-Status H1B

[Minny1 0]

I'm in a tricky situation.

 

Due to corporate restructuring, I lost my H1B job and my last date of work is April 6. My visa is valid until January 2021. In February, I filed for i-130 & i-485 AOS through marriage and am expecting my EAD & advance parole travel document combo card in May/June. 

 

Question - for Indian citizens, a valid US visa is required to travel to Mexico. In July, will I be able to enter Mexico with my out-of-status (but valid) H1B visa?  Or will I have to obtain a separate Mexico visa?

 

The Chicago consulate site says EAD/AP is not accepted. But how about an out-of-status unexpired H1B?

 

Quote

 

•    If you have a valid and unexpired visa of the following countries: Canada, the United States, Japan, the United Kingdom of Great Britain and Northern Ireland, and any of the countries of the Schengen Area, you do not need a visa to enter Mexico for tourism, business or transit purposes. All individuals in this category are required to present their valid and unexpired visa along with their passports. Both documents must be valid during your entire stay in Mexico.

 

• If the US visa stamped in your passport is expired but you have an official document or form proving your legal status in USA, you must apply for a Mexican visa at this Consulate. All EAD cards, I-797A Forms, Advance Parole Forms, I-20 OR DS-2019 are not accepted to enter Mexico.

 

https://consulmex.sre.gob.mx/chicago/index.php/tramites-consulares-con-cita/visas?id=87

 

For re-entering the US, I plan to use my advance parole/travel doc card.

 

Do you see any issues with this plan?

Edited April 2, 2018 by Minny1

[Crazy Cat 41,848]

How do you propose to re-enter the US after your trip to Mexico?

[Minny1 0]

Just now, missileman said:

How do you propose to re-enter the US after your trip to Mexico?

EAD/AP document. I've mentioned it above.

[Unidentified 2,930]

4 minutes ago, Minny1 said:

EAD/AP document. I've mentioned it above.

Your H1B1 goes bye bye April 6 and you can't enter Mexico with EAD/AP and if you travel without valid visa you're abandoning your Adjustment of Status. 

Edited April 2, 2018 by Unidentified

[Minny1 0]

Just now, Unidentified said:

Your H1B1 goes bye bye April 6 and you can't enter Mexico with EAD/AP and without either you're abandoning your Adjustment of Status. 

Thanks for explaining. So looks like I'll need to apply for a Mexico visa. Do you see any issues with the following arrangement?

 

1) Apply for Mexican visa to enter Mexico

2) Re-enter USA with EAD/AP Combo card

 

This is what Mexico's SFO consulate says - 

Quote

US Residents: If your United States visa stamped on your passport already expired but you have an official document proving your legal status in USA, you must apply for a Mexican visa (I-797 A Forms, Advance Parole Forms, I-20 OR DS-2019 Forms won’t be accepted to entering Mexico), unless you have a valid Visa for any of the countries listed above (Canada, Japan, United Kingdom or Schengen area).

https://consulmex.sre.gob.mx/sanfrancisco/index.php/visas-traveling-to-mexico 

 

 

 

[Crazy Cat 41,848]

8 minutes ago, Minny1 said:

EAD/AP document. I've mentioned it above.

Thanks....my point was you would be violating the conditions of the H1-B if you tried to re-enter using it.

[ItsSunny2Day 17]

Hello Minny,

 

My reply here is not an attempt to provide you legal advice, but practical knowledge instead. 

 

For the purpose of entering into Mexico, INM (Mexican Immigration Authorities) at the border (land crossings and airport) at the time you enter has absolutely no way to know that the US H1B Visa which normally would expire January 2021, has in fact been revoked earlier due to your job loss. Hence, there should be no issue entering into Mexico. The question, which was raised earlier, is how you intend to legally reenter the USA from Mexico.

 

Good luck!

 

 

 

 

[Minny1 0]

14 minutes ago, missileman said:

Thanks....my point was you would be violating the conditions of the H1-B if you tried to re-enter using it.

Shouldn't the EAD/AP doc be sufficient? and the right choice to use? From my understanding, if I re-enter on H1B then the AOS application gets abandoned?

[Minny1 0]

10 minutes ago, ItsSunny2Day said:

For the purpose of entering into Mexico, INM (Mexican Immigration Authorities) at the border (land crossings and airport) at the time you enter has absolutely no way to know that the US H1B Visa which normally would expire January 2021, has in fact been revoked earlier due to your job loss. Hence, there should be no issue entering into Mexico. The question, which was raised earlier, is how you intend to legally reenter the USA from Mexico.

 

Good luck!

Thanks for the advice. To legally re-enter the US, can't I use my EAD/AP card? What am I missing?

 

[Minny1 0]

1 hour ago, missileman said:

Thanks....my point was you would be violating the conditions of the H1-B if you tried to re-enter using it.

Hi, H1B will in any case be out-of-status/terminated/not valid - so how else will I re-enter?

[Crazy Cat 41,848]

I assume that if you have approved AP when you exit the US, you can use it to re-enter.

[ItsSunny2Day 17]

1 hour ago, Minny1 said:

Thanks for the advice. To legally re-enter the US, can't I use my EAD/AP card? What am I missing?

 

I am not qualified to advice you on the EAD/AP.  However I will share a true event which I personally observed in the 4th quarter of 2017 at a land crossing border between the US and MX.

 

Even as a US born citizen, I found myself sitting in a waiting room known as "secondary" inspection. Among the many people there, was a young well dressed Japanese man from Beverly Hills, CA. He was living in the United States attending a University and therefore had the F Visa. He had decided on his own, to take one semester off from being a student and attending school. During this time he played tourist in the USA. He decided to venture in Mexico and look around. On his way back to the United States, at passport control, he was redirected to "secondary". Why is the question.

 

Apparently when he failed to continue his studies by enrolling in the Fall semester, the school administration immediately notified the US government authorities, thereby cancelling the F Visa. I was shocked that a Japanese citizen, who normally can travel to the USA without a Visa for up to 90 days, was not only temporarily detained, but arrested. They informed him, that he can either pay for his own plane ticket back to Japan and thereby be deported quickly or else the United States will buy one for him and be deported within a month a so, meanwhile sitting in their jail. 

 

I share this event with you, not to scare you, but to enlighten you. Make sure whatever steps you take next, are based on the absolute best advice you can get.

 

Good luck!

Edited April 2, 2018 by ItsSunny2Day

[Crazy Cat 41,848]

10 minutes ago, ItsSunny2Day said:

I am not qualified to advice you on the EAD/AP. 

99.9999%of us here are not attorneys.  However, if he has filed AOS via marriage AND he has approved AP, it would seem reasonable that he could re-enter using said approved AP document.

[Unidentified 2,930]

1 hour ago, Minny1 said:

Hi, H1B will in any case be out-of-status/terminated/not valid - so how else will I re-enter?

Get a Visa to go to Mexico in your Indian passport and then use your AP/EAD to come back. 

[Minny1 0]

4 minutes ago, Unidentified said:

Get a Visa to go to Mexico in your Indian passport and then use your AP/EAD to come back. 

Thanks. How can I prove my legal status in the USA to apply for a Mexico visa? Here's an excerpt from SFO consulate's webpage -  

US Residents: If your United States visa stamped on your passport already expired but you have an official document proving your legal status in USA, you must apply for a Mexican visa (I-797 A Forms, Advance Parole Forms, I-20 OR DS-2019 Forms won’t be accepted to entering Mexico), unless you have a valid Visa for any of the countries listed above (Canada, Japan, United Kingdom or Schengen area).

https://consulmex.sre.gob.mx/sanfrancisco/index.php/visas-traveling-to-mexico 

Edited April 2, 2018 by Minny1