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

[Unidentified 2,930]

1 minute ago, Minny1 said:

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 

You're not a US resident yet. You have to apply to the Mexican embassy as a citizen of India. 

[Minny1 0]

Just now, Unidentified said:

You're not a US resident yet. You have to apply to the Mexican embassy as a citizen of India. 

Sorry, I took "resident" literally and not in the immigration sense. Indian citizens don't need a Mexico visa if they have a valid US visa. Since mine won't be valid anymore, how I do fulfill that requirement  while applying for it in the US? I'm guessing it's something I'll have to disclose in the in-person interview.

• Apply at this Consulate General in person
• Fill out the Application form, English or Español (click here)
• Valid passport in original and one photocopy of the pages containing personal information, photograph of bearer and expiration date/extensions
• Valid US visa for multiple entries and one photocopy
• Valid I-94 and/or I-20 or J-1 or I-797A Form in original and one photocopy

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

 

 

 

 

 

[Unidentified 2,930]

16 minutes ago, Minny1 said:

Sorry, I took "resident" literally and not in the immigration sense. Indian citizens don't need a Mexico visa if they have a valid US visa. Since mine won't be valid anymore, how I do fulfill that requirement  while applying for it in the US? I'm guessing it's something I'll have to disclose in the in-person interview.

• Apply at this Consulate General in person
• Fill out the Application form, English or Español (click here)
• Valid passport in original and one photocopy of the pages containing personal information, photograph of bearer and expiration date/extensions
• Valid US visa for multiple entries and one photocopy
• Valid I-94 and/or I-20 or J-1 or I-797A Form in original and one photocopy

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

 

 

 

 

 

You don't have a valid US Visa. You'll have to contact them and ask what you need to do as a citizen of India who is not a US resident. 

[usmsbow 801]

1 hour ago, Minny1 said:

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 

 

You prove it with the I-1797A, which you should have received soon after you submitted your AoS packet. You'll also get one when your EAD is approved. The I-797A is not accepted by Mexican immigration at the POE, but it is perfectly acceptable at the Mexican consulate when applying for a visa. 

[usmsbow 801]

1 hour ago, Unidentified said:

You're not a US resident yet. You have to apply to the Mexican embassy as a citizen of India. 

 

yes she is (or at least she will be when she travels with her AP/EAD card). Did you read the link? They distinguish between US residents and US permanent residents. The latter do not need visas, just passport and green card. The former need to get a visa and demonstrate they are legal residents in the USA. 

Edited April 2, 2018 by usmsbow

[Minny1 0]

47 minutes ago, usmsbow said:

 

You prove it with the I-1797A, which you should have received soon after you submitted your AoS packet. You'll also get one when your EAD is approved. The I-797A is not accepted by Mexican immigration at the POE, but it is perfectly acceptable at the Mexican consulate when applying for a visa. 

Thanks so much. For AoS I received a I-797C notice after submission. Do you mean that instead of I-797A?

[usmsbow 801]

6 minutes ago, Minny1 said:

Thanks so much. For AoS I received a I-797C notice after submission. Do you mean that instead of I-797A?

 

Sorry, I was wrong. I thought it was a I-797A. I don't think you'll be able to apply for a Mexican visa until you have your AP/EAD card. Wouldn't hurt to e-mail the consulate though just to check. 

[Orangesapples 1,954]

5 hours ago, ItsSunny2Day said:

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!

This event is irrelevant to the OP. He is applying for AOS based on marriage and will only leave the US if he has AP. There's no problem entering the US using AP. Just don't leave before you have it in hand. 

[Boiler 45,494]

I assume they mean resident as in LPR, do you have a current B Visa?

[cd37 229]

6 hours ago, Unidentified said:

You're not a US resident yet. You have to apply to the Mexican embassy as a citizen of India. 

You are confusing "resident" and "Permanent resident/gc holder". He is a US resident and if he has valid US visa then he doesnt need visa to mexico. Since his visa is not valud anymore, he has to get mexico visa.

[cd37 229]

38 minutes ago, Boiler said:

I assume they mean resident as in LPR, do you have a current B Visa?

It means US resident not LPR. If you are LPR, how can you have a US visa in passport. Again, it means "US resident" and not LPR.

[mustang85635 182]

I cross regularly to mexico since I live very close to the border . Dentist for example. 

Go mostly by foot and when I enter mexico there is no check what so ever . Only a metal door , no passport check no anything .

Going back I show EAD/AP sometimes swipe and go or sometimes sit in secondary for 10 min and admit me manually , never a stamp or anything. 

 

When you go by plane there are passport checks but I am german so i dont need a visa either way . Also still have valid B2

 

You dont need a visa . At the airport they will quickly look at expiration date of H visa and thats all . They could never tell you are AOSing or that its not valid anymore. Dont worry so much , its mexico , weak and lax controls

Edited April 3, 2018 by mustang85635

[Unidentified 2,930]

8 hours ago, cd37 said:

You are confusing "resident" and "Permanent resident/gc holder". He is a US resident and if he has valid US visa then he doesnt need visa to mexico. Since his visa is not valud anymore, he has to get mexico visa.

No he is not a US resident. As of April 6 he will be in immigration limbo waiting for his Green Card. If it would be "resident" and not permanent resident then that would mean even people without status could go in and out. 

8 hours ago, cd37 said:

It means US resident not LPR. If you are LPR, how can you have a US visa in passport. Again, it means "US resident" and not LPR.

Some LPR's for example those who arrive on CR-1 has their temporary Green Card as a visa stamp in their passport. This man doesn't even have a legal status after April 6. He is neither here on B1H1 or as LPR. He is in immigration limbo waiting for his EAD/AP. 

[NikLR 13,227]

In short, you need to apply for a visa to visit Mexico.  You can use your AP to return to the USA. 

[cd37 229]

On 4/3/2018 at 7:05 AM, Unidentified said:

No he is not a US resident. As of April 6 he will be in immigration limbo waiting for his Green Card. If it would be "resident" and not permanent resident then that would mean even people without status could go in and out. 

Some LPR's for example those who arrive on CR-1 has their temporary Green Card as a visa stamp in their passport. This man doesn't even have a legal status after April 6. He is neither here on B1H1 or as LPR. He is in immigration limbo waiting for his EAD/AP. 

Disagree....he/she is a US resident.