Issues explaining travel on AP during GC/AOS interview?

[americanirish87 5]

Hi VJers!

My background: (i have a timeline but I don't know how to make it appear on all my posts???) ---> US citizen married to Irish Citizen who entered US on visa waiver. Married and applied for AOS before his 90 days/I-94 expired on October 3, 2015 (aka he has no accrued unlawful presence). Have done biometrics and we are awaiting everything else. Status has been "ready to schedule interview" since November 4, 2015. Planning on traveling to Ireland on December 23, 2015 for Christmas (pending receipt of EAD/AP before then).....

So from my trolling of the forums, it seems that most people have no problem getting back into US with their AP/EAD combo card.

My question is..... can an AOS application later be denied (like at the time of interview) if USCIS has a problem with your travels? Here is a scenario: most people are granted their EAD/AP combo cards if they apply for them. People travel and get back into US no problem. BUT technically, the AP is really only to be used for emergencies. So even though you've been granted AP, can they later come back and ding you for using AP in a non-emergency situation?? Or for any reason?

I hope that's not too confusing of a question... basically, it seems to me that most topics are focused on people being worried about getting back into US while traveling on AP... so my question is basically is there anything to STILL worry about after you've been let back into the US?

Thanks everybody.

[Starkilla09 366]

Hi VJers!

My background: (i have a timeline but I don't know how to make it appear on all my posts???) ---> US citizen married to Irish Citizen who entered US on visa waiver. Married and applied for AOS before his 90 days/I-94 expired on October 3, 2015 (aka he has no accrued unlawful presence). Have done biometrics and we are awaiting everything else. Status has been "ready to schedule interview" since November 4, 2015. Planning on traveling to Ireland on December 23, 2015 for Christmas (pending receipt of EAD/AP before then).....

So from my trolling of the forums, it seems that most people have no problem getting back into US with their AP/EAD combo card.

My question is..... can an AOS application later be denied (like at the time of interview) if USCIS has a problem with your travels? Here is a scenario: most people are granted their EAD/AP combo cards if they apply for them. People travel and get back into US no problem. BUT technically, the AP is really only to be used for emergencies. So even though you've been granted AP, can they later come back and ding you for using AP in a non-emergency situation?? Or for any reason?

I hope that's not too confusing of a question... basically, it seems to me that most topics are focused on people being worried about getting back into US while traveling on AP... so my question is basically is there anything to STILL worry about after you've been let back into the US?

Thanks everybody.

You're a little misinformed as AP isn't only used for emergencies. It depends on your status when requesting for it for example DACA applicants need to have an emergency or some other reason like a humanitarian one or study abroad to be eligible, whereas an adjustment of status applicant like you are exempt from all requirements or reasons to use AP. The AP issued to you can be used for whatsover business/pleasure/emergency reason you please and no one is going to "ding" or "flag" you on your interview for using it. Just be sure to get back to the U.S. and attend your interview before then.

[americanirish87 5]

You're a little misinformed as AP isn't only used for emergencies. It depends on your status when requesting for it for example DACA applicants need to have an emergency or some other reason like a humanitarian one or study abroad to be eligible, whereas an adjustment of status applicant like you are exempt from all requirements or reasons to use AP. The AP issued to you can be used for whatsover business/pleasure/emergency reason you please and no one is going to "ding" or "flag" you on your interview for using it. Just be sure to get back to the U.S. and attend your interview before then.

Thanks Starkilla09! I've never heard before that AOS applicants can use AP in any situation. Where/ how did you find out that information? The form 1-131 states

1. You have a pending application to adjust status, Form I-485, and you seek to travel abroad for “urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a personal or family emergency or bona fide business reasons.

thanks !!!

[Pitaya 2,576]

~Moved from WST-based AOS to Working & Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum~

[Gill&Grant 5]

Hi VJers!

My background: (i have a timeline but I don't know how to make it appear on all my posts???) ---> US citizen married to Irish Citizen who entered US on visa waiver. Married and applied for AOS before his 90 days/I-94 expired on October 3, 2015 (aka he has no accrued unlawful presence). Have done biometrics and we are awaiting everything else. Status has been "ready to schedule interview" since November 4, 2015. Planning on traveling to Ireland on December 23, 2015 for Christmas (pending receipt of EAD/AP before then).....

So from my trolling of the forums, it seems that most people have no problem getting back into US with their AP/EAD combo card.

My question is..... can an AOS application later be denied (like at the time of interview) if USCIS has a problem with your travels? Here is a scenario: most people are granted their EAD/AP combo cards if they apply for them. People travel and get back into US no problem. BUT technically, the AP is really only to be used for emergencies. So even though you've been granted AP, can they later come back and ding you for using AP in a non-emergency situation?? Or for any reason?

I hope that's not too confusing of a question... basically, it seems to me that most topics are focused on people being worried about getting back into US while traveling on AP... so my question is basically is there anything to STILL worry about after you've been let back into the US?

Thanks everybody.

Hey I have an Immi Lawyer - AP is for everyone... they used to be much more strict on the circumstances but AOS takes so long now that they no longer are.... its just a pain the ### waiting...I am pretty much like you in that I sent away for my AP/EAD/AOS in October and completed my biometrics on Nov 3rd...still nothing!! Your a week ahead of me so i will be watching your time line with interest...I want to get approval so i can get back to Cork for Chrstimas!!

[Starkilla09 366]

Thanks Starkilla09! I've never heard before that AOS applicants can use AP in any situation. Where/ how did you find out that information? The form 1-131 states

• You have a pending application to adjust status, Form I-485, and you seek to travel abroad for urgent humanitarian reasons or in furtherance of a significant public benefit, which may include a personal or family emergency or bona fide business reasons.

thanks !!!

You're getting into way too much unnecessary wordings and stressing yourself with this. Hundreds possibly thousands of us on this site have applied and used AP without an EMERGENCY, gotten back in the U.S. And adjusted status. The document is for interim travel and USCIS doesn't have the energy, time and resources to worry if you used it to visit a sick person or not. Adjustment of status applicants get approved even after leaving those sections about future travel plans and reasons blank. Reason for travel using AP is not a a barrier to adjust status. Criminal, fraud, material misrepresentation, health and affidavit issues are what can lead to a denial. The only thing that they normally do is ask when you left the U.S. This is verify travel manifestos to make sure you left when you were authorized to leave with AP, as leaving the U.S. prior to issuance of AP is automatic abandonment and denial of I-485. Prior to 2012, leaving with AP after unlawful presence in the U.S. was ill advised as CBP would deny entry for the aforementioned reason the the applicant will trigger a 3 to 10 year ban depending on how long they overstayed. However, unlawful presence ban is no longer triggered when using AP as per matter of arrabally/yerrabally.

[Unidentified 2,930]

Thanks Starkilla09! I've never heard before that AOS applicants can use AP in any situation. Where/ how did you find out that information? The form 1-131 states

1. You have a pending application to adjust status, Form I-485, and you seek to travel abroad for “urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a personal or family emergency or bona fide business reasons.

thanks !!!

That is the requirement for the EMERGENCY AP, not the regular AP for AOS.

[Xanax 349]

That is the requirement for the EMERGENCY AP, not the regular AP for AOS.

This. If you have AP and no overstay, I would travel.