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Is it possible to get my EAD/AP card back if a CBP officer kept it? (split topic)

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This happened to me yesterday, and they had my GC status in the system and let me in on that but took my AP/EAD card!

I left the US on vacation on 2 Aug with an EAD/AP card that expires next April. On 6 Aug my GC was approved and mailed, and it arrived at my house the next day. On 25 Aug I entered the US from YYZ. In most Canadian airports you go through US customs and immigration preclearance there (then land in the domestic area at US airports, with no further CBP encounters). A new system this year setup in YYZ to avoid waiting in line requires you to scan your boarding pass, after which it directs you to a computer screen to fill in more information (if a Canadian and non-US resident) and then a seated waiting area where they have a screen that tells you when you can go see an agent (to avoid waiting in line), or, if you are a US citizen/resident (or coming on a visa, which includes tourists from all other countries), it sends you straight to a line for such people.

As a Canadian, I immediately got sent to the non-Canadian line (i.e. the one for US residents). When I got to the desk, the person scanned my passport and said immediately "You're getting a green card!" I said that I had been so notified but it was after I left on vacation, and that I would pick it up once home. He said because of this I was still coming into the country on AP, so I had to go to the secondary booth, but once I have my GC, I can skip that step. I told the person in the secondary that my flight was in 30 min (tight connection; no, I didn't show up last minute to the airport!), but he didn't feel like helping me make my flight. 30 minutes waiting later another agent called me up and said that his system said I was a GC holder, even though I didn't have it, so he stamped on my passport the regular entry stamp (not the AP stamp that I have from a previous entry, which was still valid till next April) and wrote "LPR" and my A-number. He also said because I was in the system I technically didn't need the AP card to enter and didn't need to go to secondary screening, so he just gave everything back to me and told me to try to catch my flight.

I didn't, and as the next flight would have me getting home at 3 a.m. and be up 24 hours (after a 40-hour day before that), I decided to stay in Canada for the night (seeing some friends), and leave the next day (airline was okay with this), so I left the US preclearance immigration area and cleared Canadian customs. But after some talking to people and getting a ride home (who likes post-midnight buses after 2 days of mostly sleepless travel?), I decided to go that night. I went back through the process, seeing the same first screener "You're back!", who told me to do the same thing, and then off I went to secondary. The guy who wouldn't help me catch my flight (and who was rude to the person he dealt with before me) said I was in the system as a GC holder and I could go through, but as I had my GC at home (he asked me about when it was sent and delivered, and I answered honestly according to what I knew from the USCIS auto-emails), he was keeping my EAD/AP!

He said I didn't need it anymore as my GC superceded it. What if I don't get out tonight and need to get back in tomorrow? It was all in the system, and on my passport. What if it didn't actually get sent and the emails were wrong? It's in the system. What if I need it to prove I was eligible to work before the GC was issued? I have receipts showing when it was approved. Same for travel. I said I was told never to give up one card till I had the other in hand, but he said it wasn't a problem. And so on. I even asked if I could keep it as a momento, but he said no. I asked him why the other guy let me keep it and he just said he wasn't.

If my GC wasn't in the system I would have my EAD/AP card. If it wasn't yet approved I would have my EAD/APcard. And if it was approved and I got it before travelling I'd have had it and kept my EAD/AP card at home and so still have it. I'd like to keep my card, just like I kept old passports and things. I wanted to argue, or speak to a supervisor, but as he was letting me go and there wasn't really a non-sentimental reason for me keeping it. And arguing with CBP is not the smartest move, at least when you're not in the US yet. So I let it go.

Does anyone think I have a shot at getting it back? Should I call/email CBP? In YYZ or DC? Or USCIS? Should I file a complaint (for what?)? I like my new GC, but I miss my EAD/AP. I like keeping old documents (passports, driver's licences, medicare cards, etc.), not just because I like that kind of stuff but because it's good for record keeping. I'd like it back if I can get it. Ideas?

Thanks for the advice.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Post split from unrelated topic.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Your EAD/AP was invalid as soon as your green card was approved. If you lose your green card, you'll have to file I-90 and pay the fee to replace it, like anyone else.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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I just talked to my lawyer today and I brought up the situation where the immigration officer takes the EAD card away. She said that her entire time going to marriage interviews, not once was the EAD card taken away, and that if the USCIS agent asked to keep the EAD card in my upcoming interview, she would object to it.

Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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That's a little different - in that case the applicant has not yet been approved.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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Filed: Citizen (apr) Country: Brazil
Timeline

My EAD/AP card was taken at the interview, along with an EAD card that was a few years old.

They'll keep it to avoid fraudulent use.

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  • 1 year later...

My EAD/AP card was taken at the interview, along with an EAD card that was a few years old.

They'll keep it to avoid fraudulent use.

I'm also adjusting status in Boston, MA like you did. I'm curious if you know what happens if I have an international trip scheduled immediately following a green card interview...do they still take the EAD/AP away or at that point could I show them my purchased ticket and ask for the I-1551 stamp?

I wrote a full detailed account of our AOS process, timeline, AP use, and interview on my blog. You can read it here.

Read our experience clearing immigration with an expired green card and extension letter here.

F-1 AOS Journey

Spoiler

10/05/15 - Mailed AOS Package (I-130, I-485, I-864, I-693, I-131, I-765, G-325As, G-1145)

10/07/15 - AOS Package delivered to Chicago Lockbox

10/14/15 - Received four NOA1s via e-mail & text notifications that USCIS received our case. Routed to National Benefits Center for processing

10/15/15 - Checks cashed

10/19/15 - Received four hard copies of NOA1s in the mail

10/23/15 - Received biometrics appointment in the mail. Scheduled for 11/03

10/26/15 - Failed early walk-in attempt for biometrics at Boston location

11/03/15 - Biometrics appointment in Boston

11/10/15 - AOS case status changed to "Ready to be scheduled for interview"

12/21/15 - EAD/AP approved

12/24/15 - EAD/AP mailed

12/30/15 - EAD/AP delivered

03/17/16 - Interview scheduled for April 20th

04/20/16 - AOS Inteview - Boston, MA - APPROVED!

04/25/16 - Approval notice received in the mail

04/26/16 - Green card mailed

04/29/16 - Green card delivered

 

ROC

Spoiler

02/20/18 - Mailed I-751 Package

02/23/18 - I-751 delivered to CSC

02/28/18 - Check cashed

03/02/18 - NOA1 received in the mail

05/12/18 - Notice that previous biometrics will be reused

08/24/18 - Received 18 month extension letter (courtesy copy)

10/22/18 - Received the "revised notice" with the correct 18 month extension letter--on green paper this time.

02/27/19 - Card mailed notification via Case Tracker mobile app

03/01/19 - Both approval letter and new green card delivered

 

N-400

Spoiler

03/02/19 - Filed N-400 online

03/02/19 - NOA1 via online portal

03/09/19 - Biometrics scheduled

03/12/19 - Biometrics appointment appeared in Documents tab in online USCIS account

03/13/19 - Successful early walk-in for biometrics 

11/13/19 - Interview

Seizetheglobe.com

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Filed: Citizen (apr) Country: Brazil
Timeline

They take your EAD/AP away because it's no longer valid once you're approved for a green card, but I think you can get a passport stamp if you need to travel.

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Filed: Lift. Cond. (apr) Country: China
Timeline

~OP received appropriate responses, thread is now closed to further comment~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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