Issues brining belongings into the US with EAD/AP/SSN due to expired I-94

[RCable 75]

Hi everyone, looking for some guidance here. My husband's belongings are due to be delivered to the US via UPack this week. They reached the boarder control today and they are having issues getting the items through. Here are some details on his status:

- Applied for AOS in April 2020

- I-94 expired in August 2020

- Received EAD card in September 2020

- Received AP card in October 2020

- He is still waiting for the AOS interview

 

He provided UPack with his EAD, AP, SSN, and NOA for AOS to UPack to provide to Boarder Control. But Customs/BC are saying his I-94 expired and they won't let it through. Our UPack contact is trying to work with the BC to explain that his other documents allow him legal status in the US but it's not looking good.

Did we do something wrong? Does anyone have any suggestions on how to fix this? We might have to send his UPack container back to Calgary and start the process again. It's going to end up being VERY expensive, so I'm hoping we can get it right the next time.

 

Thanks for any suggestions!

[RCable 75]

Update - the denied his goods entering the boarder. I'm so upset, I don't know how to fix this for him.

[Crazy Cat 41,851]

29 minutes ago, RCable said:

Our UPack contact is trying to work with the BC to explain that his other documents allow him legal status in the US but it's not looking good.

 

To be completely accurate, he has no legal status in the US at this point, although he has been granted "authorized stay" while the I-485 is pending.  I thought that his NOA showing that he has submitted the I-485 would work.

Would you like me to move this to the Canada regional discussion area?

[RCable 75]

6 minutes ago, Lucky Cat said:

To be completely accurate, he has no legal status in the US at this point, although he has been granted "authorized stay" while the I-485 is pending.  I thought that his NOA showing that he has submitted the I-485 would work.

Would you like me to move this to the Canada regional discussion area?

Our understanding (based on other posts in Visa Journey and our research) was that when you are applying for AOS, your NOA is your status. He's legally not allowed to live anywhere else while waiting for his green card, so how can he not have status in the US?

 

Sure we can move it to the Canadian board.

 

Do you think him flying back to Canada to visit family, then reentering and getting an new I-94 will fix this? He has his AP so he is allowed to reenter the US. 

[Crazy Cat 41,851]

****Moved to the Canada regional discussion area****

 

On a side note:  He currently has no legal status in the US since he is not a legal resident or tourist, but he is authorized to stay here while the I-485 is being adjudicated.  Simply, he is not accruing unlawful presence right now.  Here is a link which explains it.  

https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

 

[RCable 75]

2 minutes ago, Lucky Cat said:

****Moved to the Canada regional discussion area****

 

On a side note:  He currently has no legal status in the US since he is not a legal resident or tourist, but he is authorized to stay here while the I-485 is being adjudicated.  Simply, he is not accruing unlawful presence right now.  Here is a link which explains it.  

https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

 

Even though he has an EAD card (Employment Authorization), I thought that gave him temporary status?

Thank you for the links.

[mushroomspore 3,044]

7 minutes ago, RCable said:

Our understanding (based on other posts in Visa Journey and our research) was that when you are applying for AOS, your NOA is your status. He's legally not allowed to live anywhere else while waiting for his green card, so how can he not have status in the US?

 

Sure we can move it to the Canadian board.

 

Do you think him flying back to Canada to visit family, then reentering and getting an new I-94 will fix this? He has his AP so he is allowed to reenter the US. 

Nope, people with pending AOS have no actual legal "status". They are placed under something called "authorized stay". The NOA is simply acknowledgement by USCIS that your AOS case has been received by them. It says in the NOA that the notice does not grant any immigration benefit or status. I would strongly advise against him leaving and trying to come back due to COVID. Trudeau and/or Biden could possibly place further restrictions on the US-Canada border at any given moment. The last thing you want is for your husband to get stuck in Canada for an uncertain period of time. 

[Crazy Cat 41,851]

1 minute ago, RCable said:

Even though he has an EAD card (Employment Authorization), I thought that gave him temporary status?

Thank you for the links.

An EAD grants no legal immigration status

https://www.immigrationdirect.com/immigration-articles/understanding-the-difference-between-employment-authorization-document-and-work-visa/#:~:text=EADs issued by the USCIS,same as a Green Card.

 

" EADs issued by the USCIS permit the holders to work legally for any US employer. An EAD allows the holder to work in the United States, it does not grant the holder any immigrant status in the United States and it is not the same as a Green Card."

[RCable 75]

1 minute ago, mushroomspore said:

Nope, people with pending AOS have no actual legal "status". They are placed under something called "authorized stay". The NOA is simply acknowledgement by USCIS that your AOS case has been received by them. It says in the NOA that the notice does not grant any immigration benefit or status. I would strongly advise against him leaving and trying to come back due to COVID. Trudeau and/or Biden could possibly place further restrictions on the US-Canada border at any given moment. The last thing you want is for your husband to get stuck in Canada for an uncertain period of time. 

Thanks, yes that is our concern as well.

 

I'm just confused because we were told that with his EAD Card (employment authorization) that he would be able to send his stuff down. 

[mushroomspore 3,044]

Just now, RCable said:

Thanks, yes that is our concern as well.

 

I'm just confused because we were told that with his EAD Card (employment authorization) that he would be able to send his stuff down. 

I'm a little confused too as to why the company was not able to send his stuff through. I have never used a company like that or even had to move that much stuff across a border, so I can't offer any advice on that. I'm guessing it was the company that told you his EAD would be fine? It might be worth to either find a different company or to wait until your husband gets his green card before trying to ship his stuff again (if you can).

[RCable 75]

3 minutes ago, mushroomspore said:

I'm a little confused too as to why the company was not able to send his stuff through. I have never used a company like that or even had to move that much stuff across a border, so I can't offer any advice on that. I'm guessing it was the company that told you his EAD would be fine? It might be worth to either find a different company or to wait until your husband gets his green card before trying to ship his stuff again (if you can).

Yeah it's just so frustrating. We paid so much money to have stuff shipped here and now it seems like we have to wait for his green card. Which wouldn't be too much of an issue except there has been no movement on it since July. The last update we got says "Biometrics Scheduled" on July 28th. He has had his biometrics taken and they confirmed there are no issues. But they also said it's "within normal processing time" so they can't look into why it's been on hold since then. Especially since 99.9% of people go from "Biometrics Scheduled" to "Biometrics taken" almost immediately. 

I feel so bad for my husband. He has already been without his stuff for over a year. And we thought he'd be able to bring it down with his current situation based on what we have read. But now it looks like there is no possible way to bring any of it down for the foreseeable future. It just breaks my heart that he moved away from all of his friends & family and left all of his stuff behind just to visit me for my birthday. Then COVID happened and he ended up staying here because of border closures which is why we changed from the CR1 visa to the AOS. I never thought he'd be without all of his belongings for this long. It breaks my heart

[RCable 75]

Am I allowed to import my husband's belongings with an import fee?

[mushroomspore 3,044]

2 hours ago, RCable said:

Yeah it's just so frustrating. We paid so much money to have stuff shipped here and now it seems like we have to wait for his green card. Which wouldn't be too much of an issue except there has been no movement on it since July. The last update we got says "Biometrics Scheduled" on July 28th. He has had his biometrics taken and they confirmed there are no issues. But they also said it's "within normal processing time" so they can't look into why it's been on hold since then. Especially since 99.9% of people go from "Biometrics Scheduled" to "Biometrics taken" almost immediately. 

I feel so bad for my husband. He has already been without his stuff for over a year. And we thought he'd be able to bring it down with his current situation based on what we have read. But now it looks like there is no possible way to bring any of it down for the foreseeable future. It just breaks my heart that he moved away from all of his friends & family and left all of his stuff behind just to visit me for my birthday. Then COVID happened and he ended up staying here because of border closures which is why we changed from the CR1 visa to the AOS. I never thought he'd be without all of his belongings for this long. It breaks my heart

Oh man that really does suck. Is there any way for someone in Canada to send his most important things in smaller packages first? If COVID wasn't happening, I would definitely say that you guys should take a trip up there together and bring back what you can and re-enter with the AP. But yeah 'cause of COVID, I really don't advise leaving the US. 

 

I'm not sure if this will help but CBP's website has a page where you can send them an email inquiry. Perhaps you can ask them what happened and whether you'd be able to do/send anything that will ensure his stuff is able to enter the US? https://help.cbp.gov/s/questions?language=en_US

[RCable 75]

5 hours ago, mushroomspore said:

Oh man that really does suck. Is there any way for someone in Canada to send his most important things in smaller packages first? If COVID wasn't happening, I would definitely say that you guys should take a trip up there together and bring back what you can and re-enter with the AP. But yeah 'cause of COVID, I really don't advise leaving the US. 

 

I'm not sure if this will help but CBP's website has a page where you can send them an email inquiry. Perhaps you can ask them what happened and whether you'd be able to do/send anything that will ensure his stuff is able to enter the US? https://help.cbp.gov/s/questions?language=en_US

Thanks for your help, we’ll look into it!