What to do if EAD/AP Combo Card is rejected by CBP?

[EatBulaga 315]

Hello Everyone,

K1-to-AOS filer with combo card (I-766/I-512) here.

We are just trying to do our homework before planning any travels abroad about what steps to take if we ever reach the scenario of the CBP rejecting entry based on the EAD/AP ?

What are the options, and what steps should we take?

If there are any posts of such cases?

 

Thanks in advance for any response.

[Allaboutwaiting 2,503]

Entry can be denied regardless of the document you use, meaning the EAD/AP per se does NOT pose a risk of being denied entry to the US as long as it is unexpired. 

Edited April 2, 2023 by Allaboutwaiting

[EatBulaga 315]

Just now, Allaboutwaiting said:

Entry can be denied regardless of the document you use, meaning the EAD/AP per se does NOT pose a risk of being denied entry to the US.

If entry does get denied, what are the options, and what steps should we take?

Are there threads on visajourney of denied entry cases?

Thanks.

[Allaboutwaiting 2,503]

Just now, EatBulaga said:

If entry does get denied, what are the options, and what steps should we take?

Are there threads on visajourney of denied entry cases?

Thanks.

None on EAD/AP that I know of. 

 

Why are you so concerned? 

[EatBulaga 315]

4 minutes ago, Allaboutwaiting said:

Why are you so concerned? 

Because as you said, entry can be denied regardless of the document used.

I'm just trying to assess if travel abroad is worth the risk?

Edited April 2, 2023 by EatBulaga

[Allaboutwaiting 2,503]

1 minute ago, EatBulaga said:

Because as you said, entry can be denied regardless of the document used.

I'm just trying to assess if travel abroad is worth the risk?

If you carry the unexpired undamaged EAD/AP card - plus any other necessary document-, you have no criminal record, your name is not the same as someone from the most wanted list, you don't travel to a banned country, you don't behave like an unhinged person with the CBP agent and there are no more pandemic related restrictions, there is no risk.

[NorthByNorthwest 337]

4 hours ago, EatBulaga said:

Because as you said, entry can be denied regardless of the document used.

I'm just trying to assess if travel abroad is worth the risk?

The whole purpose of the AP card is to let you travel while waiting for formal AOS. I entered over 20 times on AP and had only one single experience of a CPB officer giving me a hard time. You will end up in secondary inspection essentially every time, but as long as the trips are short and you have good reason to travel, e.g. for work or family emergencies I have not heard of anyone having issues.

 

Since you WILL end up in secondary, do not book any travel with short connections after entering the US, there are plenty of examples of couples missing connecting domestic flights due to the person on AP ending up  waiting in line several hours in secondary.

 

If you're away for weeks or months you'll certainly face additional scrutiny, but you don't want to be away that long anyway (barring emergencies) since you might miss your AOS interview, that would cause you to be denied entry. Similarly if you receive an RFE that you don't respond to in a timely manner since you're out of the country you could also be denied.

 

I would say 1-2 weeks is perfectly safe, any more I would not risk it.

Edited April 2, 2023 by NorthByNorthwest

[Mike E 11,739]

11 hours ago, Allaboutwaiting said:

Entry can be denied regardless of the document you use, 

Legally that is false. A U.S. citizen has a constitutional right to enter the U.S. An LPR has a statutory right to enter the U.S.  There are certainly cases of CBP illegally denying entry to members of either group.

 

Whereas, there are narrow conditions where an AP holder can denied entry.

[Mike E 11,739]

12 hours ago, EatBulaga said:

Hello Everyone,

K1-to-AOS filer with combo card (I-766/I-512) here.

We are just trying to do our homework before planning any travels abroad about what steps to take if we ever reach the scenario of the CBP rejecting entry based on the EAD/AP ?

If CBP denies entry it is likely CBP is abusing authority. In the hands of a skilled litigator, the alien will prevail in court. Plan for a war chest of $50,000 for legal expenses.

 

Quote

If there are any posts of such cases?

I have hunted the web since 2018 for such cases and have yet to find a single case where an AP holder was denied entry to the U.S. at a port of entry.

 

I have found cases where:

 

* airlines denied boarding

* CBP threatened to deny entry

* people lost their AP document while abroad, posted “what do I do” and never posted a followup (At the time, neither USCIS nor the consulates were generally helpful). I presume their immigration journey ended. BTW, USCIS and State now have a process for stranded AP holders: https://www.uscis.gov/i-131a 

 

 

[Allaboutwaiting 2,503]

 

16 hours ago, Allaboutwaiting said:

If you carry the unexpired undamaged EAD/AP card - plus any other necessary document- [...]

An additional note on necessary documents: the passport, obviously, and your marriage certificate IF you changed your name after marriage and the passport and EAD/AP names don't match. 

[Crazy Cat 41,727]

17 hours ago, EatBulaga said:

We are just trying to do our homework before planning any travels abroad about what steps to take if we ever reach the scenario of the CBP rejecting entry based on the EAD/AP ?

You are overthinking this....that is not healthy.  I have not heard of a single valid AP document holder being denied entry by CBP. 

Edited April 2, 2023 by Crazy Cat

[OldUser 6,561]

The question is whether the trip you're planning to take is important? If you can postpone or cancel it, why not just do that? I'll give you some peace of mind instead of you worrying.

 

The very worst scenario, you can apply for immigrant visa via consular route, I guess? This is if you're denied entry, abandoned your AOS and have to start the immigration process over. By this time you are already married, your spouse files I-130 and by the end of the process you'll get 10 year GC since you are going to be married for over 2 years by then.

 

Edited April 2, 2023 by OldUser

[Allaboutwaiting 2,503]

1 minute ago, OldUser said:

The question is whether the trip you're planning to take is important? If you can postpone or cancel it, why not just do that? I'll give you some peace of mind instead of you worrying.

Because he likes both traveling and worrying. 😁

[EatBulaga 315]

5 hours ago, OldUser said:

The very worst scenario, you can apply for immigrant visa via consular route, I guess? This is if you're denied entry, abandoned your AOS and have to start the immigration process over. By this time you are already married, your spouse files I-130 and by the end of the process you'll get 10 year GC since you are going to be married for over 2 years by then.

@Crazy Cat @Mike E @Allaboutwaiting @OldUserThanks. 

 Since I overthink, it is probably cheaper to send the foreign spouse back to the home country and abandon the AOS, and file the CR1? That seems cheaper than hiring a litigator to charge CBP with abusing authority?

 

Yes, I like to be prepared and I do overthink.

Since the Atlanta FO wait time is up to 38.5 months, no telling when our I-485 will get processed?

So chances are we may need to plan an overseas travel sometimes in the next 3 years?

The I-131a may also come in handy.

Thanks all!

[Allaboutwaiting 2,503]

3 minutes ago, EatBulaga said:

@Crazy Cat @Mike E @Allaboutwaiting @OldUserThanks. 

 Since I overthink, it is probably cheaper to send the foreign spouse back to the home country and abandon the AOS, and file the CR1? That seems cheaper than hiring a litigator to charge CBP with abusing authority?

 

Yes, I like to be prepared and I do overthink.

Since the Atlanta FO wait time is up to 38.5 months, no telling when our I-485 will get processed?

So chances are we may need to plan an overseas travel sometimes in the next 3 years?

The I-131a may also come in handy.

Thanks all!

WHAT?!!!

Dude, is that a joke? 

 

The idea of every single post is to calm you down so you feel free to travel. 

 

I'm baffled mate. 

Edited April 2, 2023 by Allaboutwaiting