Advance Parole between i-485 approval and receiving actual green card

[A Polite Parrot 41]

I have a valid Advance Parole EAD card and I am expecting to be abroad between the i-485 approval and receiving the actual green card. Sadly I have various information that contradicts or in practice makes it impossible.

• There's the risk that the card wouldn't be received in the US in time to ship it to me while abroad.
• Various agents from USCIS have told me that the AP would remain valid until the expiration date.
• CBP has said the approved green card invalidates the AP (therefore contradicting USCIS and showing who has the real authority here).
• USCIS is saying my field office's info pass appointments wouldn't be made in time of my travel, nor are they accepting walk-in due to COVID.
• A lawyer has pointed out it is the green card holder's right to have proof of their status (despite not being able to schedule or walk-in to request a stamp in my passport to prove the 485's approval).

 

What have you seen, heard or experienced in regards to re-entering the US with an AP card and a recently approved green card, but without the card in-person?

[HRQX 4,145]

20 minutes ago, A Polite Parrot said:

There's the risk that the card wouldn't be received in the US in time to ship it to me while abroad.

Would you at least have a photo of the I-485 approval notice? If so, CBP can issue their own version of ADIT stamp when you re-enter. See page 39 of 84: https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

 

For airline boarding purposes you would present the combo card.

Edited July 8, 2021 by HRQX

[SalishSea 17,044]

19 minutes ago, A Polite Parrot said:

I have a valid Advance Parole EAD card and I am expecting to be abroad between the i-485 approval and receiving the actual green card. Sadly I have various information that contradicts or in practice makes it impossible.

• There's the risk that the card wouldn't be received in the US in time to ship it to me while abroad.
• Various agents from USCIS have told me that the AP would remain valid until the expiration date.
• CBP has said the approved green card invalidates the AP (therefore contradicting USCIS and showing who has the real authority here).
• USCIS is saying my field office's info pass appointments wouldn't be made in time of my travel, nor are they accepting walk-in due to COVID.
• A lawyer has pointed out it is the green card holder's right to have proof of their status (despite not being able to schedule or walk-in to request a stamp in my passport to prove the 485's approval).

 

What have you seen, heard or experienced in regards to re-entering the US with an AP card and a recently approved green card, but without the card in-person?

CBP has authority over who is admitted, not USCIS.

 

What makes you think there will be time between approval and receipt of the card?   How do you know it’s approved?

Edited July 8, 2021 by Jorgedig

[A Polite Parrot 41]

18 minutes ago, HRQX said:

Would you at least have a photo of the I-485 approval notice? If so, CBP can issue their own version of ADIT stamp when you re-enter. See page 39 of 84: https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

 

For airline boarding purposes you would present the combo card.

Thank you for that info It's been extremely informative. We hadn't considered using the approval notice which could easily be copied and shared with me abroad as extra documentation.

 

However the guide seems to contradict your suggestion of using the dual card for entry: The linked Carrier Guide Departure by Air for permanent residents (p. 69 of 84) suggests the "Parole Letter" (form I-512) is applicable. That would imply it is covered by the EAD/AP dual card (p 45, and 44 of 84 respectively). But for Arrival by Air for permanent residents (p. 57 of 84) doesn't list a parole letter or EAD/AP card.

 

If I am understanding correctly, departure is departing the US (and arriving abroad) and arrival is for flights arriving in the US (departing abroad). How would I obtain the CBP's stamp while abroad for US-arrival?

 

Any clarification on that would be appreciated.

 

18 minutes ago, Jorgedig said:

What makes you think there will be time between approval and receipt of the card?   How do you know it’s approved?

I checked the status today and it's approved. Apologies for not being more clear.

[kkmk 47]

Please keep us updated on how it goes when you come back, I'm actually almost in the same situation as yours, my interview will be on the same day of my trip abroad.

so now I'm thinking about rescheduling my interview so that I don't risk getting approved and then I can't enter because I'm in the limbo... at least my Advanced Parole would still be valid since there are so many discrepancies about whether or not it can be used while we don't have the actual green card 😕

[SalishSea 17,044]

1 hour ago, kkmk said:

Please keep us updated on how it goes when you come back, I'm actually almost in the same situation as yours, my interview will be on the same day of my trip abroad.

so now I'm thinking about rescheduling my interview so that I don't risk getting approved and then I can't enter because I'm in the limbo... at least my Advanced Parole would still be valid since there are so many discrepancies about whether or not it can be used while we don't have the actual green card 😕

The problem there, is that for most people, a decision is not made same-day.  So if you leave the country and then it is denied, you're stuck without a way back in....

[HRQX 4,145]

5 hours ago, A Polite Parrot said:

How would I obtain the CBP's stamp while abroad for US-arrival?

When returning to the US you'll encounter document checks at different points of the trip. Before boarding the flight, the airline will do a document check (but it'll just be a quick visual check of the card). You'll show the airline the EAD/AP card. At the POE you'll explain that you are now a LPR and after being admitted as a LPR you'll ask them for the CBP-version of the ADIT stamp.

[Scandi 4,018]

Reschedule your trip, wait for the greencard. 

[A Polite Parrot 41]

Thanks everyone. We'll keep you posted of our return but it'll be in a few weeks.

 

On 7/9/2021 at 1:47 AM, HRQX said:

When returning to the US you'll encounter document checks at different points of the trip. Before boarding the flight, the airline will do a document check (but it'll just be a quick visual check of the card). You'll show the airline the EAD/AP card. At the POE you'll explain that you are now a LPR and after being admitted as a LPR you'll ask them for the CBP-version of the ADIT stamp.

Thanks for further information. Upon calling CBP and USCIS various times to collect everyone's point of view, this sounds like what the consensus was. Also it'd be a good idea to have that stamp even if it's temporary as a backup.

 

Almost everyone we spoke to confirmed that an unexpired EAD/AP card can be used to enter and that we should tell the officer at the boarder that the status has changed and we were out of the country when we received the LPR card. Everyone anticipates that I will be pulled aside so the CBP officers can confirm my status with their own databases. One additional mention from various folks was to bring other proof of the approval such as the notice of approval, if possible. All urged us to have the card. Some asked if we can get it mailed but we aren't going to risk that.😅

 

Our talks over the phone and website chat with USCIS, eventually we also got a USCIS (Tier 2 support) call back, and two CBP support officers confirmed. There was one CBP officer that said it wouldn't be possible but they didn't seem willing to double check with someone else.  It seems the uncertainty comes with how to handle a LPR who doesn't have a card and couldn't have a physical copy but also has an unexpired AP card and the confusion over is AP valid or invalid during that time. I'd say one out of our seven sources gives us more confidence in the risk.

 

A legal source mentioned that upon being approved, the cardholder has the right to have proof of their LPR status. This in practice isn't so effective or easy as we well know. I'm sure this adds leverage for some cases if there's an issue but as mentioned above, a number of CBP folks understand that holders are without access to proof when between being approved and awaiting the actual card.

 

Here are some other sources we found searching the web:

I-485 Approval During International Travel [Murthy Law Firm]

My GC got approved while abroad. How do I re-enter? [Immigration Voice Forum]

 

 

On 7/9/2021 at 10:48 AM, Scandi said:

Reschedule your trip, wait for the greencard. 

Understandably this is the safest option. Not everyone will wish, nor should leave on such short notice of their interview. We connected with various sources to better understand the process and risk.

Edited July 13, 2021 by A Polite Parrot

[A Polite Parrot 41]

Final update:

Entered with no issues. After the CBP officer scanned my passport and AP cards I was sent to secondary screening for a few minutes. At some point they placed a Paroled stamp in my passport (see attached image for an example) where it stated Until next year, Purpose: AOS, the entry date, etc.

 

I want to mention this is not something I would recommend doing if you have the choice. As a few have stated, the risk is you are outside the US, and royally screwed if there are issues.

 

Thanks again for all your input and caution. Best of luck with everyone else's immigration journey.

[kkmk 47]

1 hour ago, A Polite Parrot said:

Final update:

Entered with no issues. After the CBP officer scanned my passport and AP cards I was sent to secondary screening for a few minutes. At some point they placed a Paroled stamp in my passport (see attached image for an example) where it stated Until next year, Purpose: AOS, the entry date, etc.

 

I want to mention this is not something I would recommend doing if you have the choice. As a few have stated, the risk is you are outside the US, and royally screwed if there are issues.

 

Thanks again for all your input and caution. Best of luck with everyone else's immigration journey.

thank you A Polite Parrot for the update! Did they ask you any questions? did you have to disclose that you knew you were already approved? Did they know you were approved without you telling them?

 

edit: also, super happy that it all worked out well for you!!!

Edited August 6, 2021 by kkmk

[A Polite Parrot 41]

On 8/5/2021 at 8:46 PM, kkmk said:

thank you A Polite Parrot for the update! Did they ask you any questions? did you have to disclose that you knew you were already approved? Did they know you were approved without you telling them?

 

edit: also, super happy that it all worked out well for you!!!

Sorry for the late reply. I was not asked anything nor did I ask them.

[SCJONN 0]

I am in the same exact boat. Leaving abroad from US in 9 days and waiting on receiving my GC, which is highly unlikely since I have not gotten the notification yet that the card has been mailed. Thank you so much @A Polite Parrotfor sharing your background in such detail and following up with how things went. I plan on taking a chance as well. 

[Crazy Cat 40,114]

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