Safe to fly out of US on day of AOS interview?

[gaia12 9]

Hi VJ folks - I was trying to find info regarding this on previous forums but couldn't find anything. So, here's the deal. I have received my EAD/AP card and have some overseas travel booked. I just received notification of my AOS interview getting scheduled and it's scheduled during my current travel dates. From various previous forums, I have gathered it's safer to not reschedule the interview so I have decided to postpone my travel. What I want to know is if it's safe to reschedule my departure to the same day after completing my interview? If the interview goes well and green card is approved, does the interviewer provide any written proof of approval that I can carry? If not, will I be able to use my AP to re-enter US (I don't have a valid visa to re-enter but am on valid H-1B permit status currently...never overstayed in US)

[TBoneTX 43,057]

*** Thread moved from main "AOS from WS&T Visas" forum to the Working & Traveling forum -- topic involves status vis-a-vis travel. ***

[aaron2020 11,651]

Hi,

AP will get you back into the US as long as your green card is not denied.

Not all cases are approved on the interview date. The decision can come after.

[gaia12 9]

Thanks for your reply. When you say "as long it's not denied", I read it as AP can be used if green card is approved or if no decision is mentioned at the interview. Am I correct?

[aaron2020 11,651]

Thanks for your reply. When you say "as long it's not denied", I read it as AP can be used if green card is approved or if no decision is mentioned at the interview. Am I correct?

If the green card has been approved or a decision has not been made, then you can use AP to enter the U.S.

If the green card is denied, AP is no longer good because the case has ended with a denial.

[Penguin_ie 5,985]

I would make it the next day at the very least. What if they are running late and you miss your flight?

[gaia12 9]

I would make it the next day at the very least. What if they are running late and you miss your flight?

Yes, I will do that.

If the green card has been approved or a decision has not been made, then you can use AP to enter the U.S.

If the green card is denied, AP is no longer good because the case has ended with a denial.

Just curious, if the green card is approved at the interview, doesn't that void the AP for re-entry and won't I be expected to re-enter as a LPR?

[aaron2020 11,651]

Yes, I will do that.

Just curious, if the green card is approved at the interview, doesn't that void the AP for re-entry and won't I be expected to re-enter as a LPR?

If it's approved at the interview, then ask for an I-551 stamp. The stamp is a green card with a 1 year expiration.

[gaia12 9]

Thanks for the suggestion, I didn't know about this. Anyway, did some research on it after your post but I found many forums saying that USCIS has become more reluctant lately to give this stamp after AOS interviews. How do I show urgent need for the stamp?

Edited March 1, 2015 by gaia12

[w8inglongtime 29]

Thanks for the suggestion, I didn't know about this. Anyway, did some research on it after your post but I found many forums saying that USCIS has become more reluctant lately to give this stamp after AOS interviews. How do I show urgent need for the stamp?

You could take your tickets and all travel documents to show that you have a flight to catch. They are reluctant to give the stamps but if there is a clear "emergency" travel, I'm sure a supervisor can make the call and give you a stamp. Good luck and keep us posted how it goes.

[gaia12 9]

Thanks everyone. I'll take my plane ticket and other travel details and hopefully they'll stamp my passport! Will surely keep you posted on the outcome.

[gaia12 9]

Hey guys - wanted to update on the outcome as promised. Glad to say interview went well today and IO approved us verbally on the spot, although still awaiting official confirmation via USCIS case status update. The IO was very nice and friendly. At the end of the interview, I explained our reason for travel and showed him our itinerary but he mentioned that he can't issue the stamp anymore. He added further than I can use the AP to travel and since I'll be returning after 2-3 weeks from my vacation, by then all government systems will have my status updated to LPR and so, re-entry will not be a problem.

I'd have still felt more comfortable carrying some written proof with me when I travel. As soon as the case status gets updated online, I plan to print and carry it on my return to US just in case I face an issue at immigration. Hoping the status gets updated soon enough.

[TBoneTX 43,057]

Thanks for the update!

[gaia12 9]

Any idea how long the wait can be? The IO didn't take my EAD and AP and didn't give me any written proof/approval. From what I gather, these signal that a decision is probably still pending. Is that right?

[dhlunar 25]

When my wife got approved, the IO said that she was going to make a recommendation for approval to her supervisor. We didn't get any written notification at the time of the interview either. Of course my though to myself at the time she said that was I wonder how long this will sit on someones desk for. At 11pm that evening we received the first card production email, so I said I take it if the card is being produced then the case was approved. The official approval notices for the I-485 and I-130 came in the mail the following week. Those were mailed from NBC. The card came in the mail a week later.

I have read of others who said they were told they were going to be recommended for approval and then nothing for weeks. I think most wait 30 days after the interview and schedule an INFOPASS appointment at the office that did their interview to find out what happened if the case status still says it is pending.

Edited March 30, 2015 by dhlunar