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So I have finally gotten my EAD/AP combo card. Because I am not starting work until February I was thinking of doing a quick visit home because I haven't been there in almost a year. However I am a little anxious to travel with the AP. 

 

I came to to the US under VWP (ESTA) and didn't intend to stay. Circumstances/intentions changed, I got married and applied for AOS. By the time I filed the AOS package my I-94 had expired by about 65 days. 

 

Will this get me in trouble when re-entering? Can I still travel under ESTA?  I have been trying to find an answer but I find very conflicting information online.


AOS from VWP

10/04/16: Package (I485, I130, I765, I131) sent to Chicago Lockbox via Priority USPS

10/05/16: NOA1 Package received

10/18/16: Hard copies received

10/26/16: Appointment letter for Biometrics

11/01/16: RFIE: birth certificate joint sponsor missing

11/08/16: Biometrics

11/22/16: RFIE received

12/14/16: I485 Case is ready to be scheduled for interview

12/19/16: Service request for I765 (day 76)

12/23/16: Letter in mail stating that I765 is within normal processing times

01/03/17: EAD card in production (day 91) later changed to Case Approved

01/03/17: I131 AP case approved

01/06/17: Card has been mailed (day 94)

01/11/17: Card in hand :jest: (day 99)

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On 1/12/2017 at 6:45 PM, glennw84 said:

So I have finally gotten my EAD/AP combo card. Because I am not starting work until February I was thinking of doing a quick visit home because I haven't been there in almost a year. However I am a little anxious to travel with the AP. 

 

I came to to the US under VWP (ESTA) and didn't intend to stay. Circumstances/intentions changed, I got married and applied for AOS. By the time I filed the AOS package my I-94 had expired by about 65 days. 

 

Will this get me in trouble when re-entering? Can I still travel under ESTA?  I have been trying to find an answer but I find very conflicting information online.

I heard a story that someone was refused entry in such a situation. There is some waiver needed to apply in addition to having your AP.

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On 1/15/2017 at 1:40 AM, aaron2020 said:

You heard a lie.

@aaron2020 The truth is that the only people who have guaranteed legal right to enter or reenter USA is an American Citizen/Resident, a visa of any kind or Advance Parole do not guarantee your entrance...read the guidelines for this document and you will see exactly this.

Page 1 of "Instructions for Application for Travel Document" says "WARNING: The document does not entitle you to be paroled into the United States; a separate discretionary decision on a request for parole will be made when you arrive at a port-of-entry upon your return."

According to the USCIS website, you MAY or MAY NOT reenter with advance Parole...the document is kind a "suggestion" for the immigration officer to let you in, but he is the one who is going to "Parole" you or not.

So according to the USCIS documents what you said "You heard a lie" might not be the case after all, because according to the law, anyone that is not a American Citizen could be refused to come in to the country at any time even with a valid visa or advance parole.

 


02/14/2012 - Meet in person for the first time after talking online for over a year! :wub:

04/11/2012 - His first Visit to Brazil!!! (He was there twice).

09/12/2012 - Trip together to Cancun.

09/18/2012 - My First arrival/visit to United States (I visited about 4 to 6 times until my last arrival)

09/27/2016 - Last Arrival on B1/B2 Visa

02/01/2017 - MARRIED!!!

05/28/2017 - Package Sent

05/30/2017 - Package delivered 

06/09/2017 - Package returned (outdated I-130)

06/12/2017 - New package sent

06/14/2017 - New Package delivered

06/20/2017 - Check cashed

06/21/2017 - e-mails and texts received

06/24/2017 - Notice of action (Acceptance letter) received in the mail.

06/30/2017 - Biometrics appointment received in mail.

07/03/2017 - Biometrics done! (it was a successful walk in, my appointment was 07/10)

09/02/2017 - Service Request for EAD.

09/25/2017 - Call to tier 2 after no update on SR.

09/25/2017 - New Card Is Being Produced!!! (YAY)

09/30/2017 - EAD in hands!!!

04/08/2018 - Online Status Changed! - Interview Scheduled!!!

04/11/2018 - Inteview letter on the mail!

05/11/2018 - Interview at West Palm Beach field Office - Approved on spot!!!

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On 2017/1/12 at 12:45 AM, glennw84 said:

So I have finally gotten my EAD/AP combo card. Because I am not starting work until February I was thinking of doing a quick visit home because I haven't been there in almost a year. However I am a little anxious to travel with the AP. 

 

I came to to the US under VWP (ESTA) and didn't intend to stay. Circumstances/intentions changed, I got married and applied for AOS. By the time I filed the AOS package my I-94 had expired by about 65 days. 

 

Will this get me in trouble when re-entering? Can I still travel under ESTA?  I have been trying to find an answer but I find very conflicting information online.

Hi, did you go home with AP in the end?

please share the experience, thanks.

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Yes. So I did travel

with my EAD/VWP. Upon re-entry the officer didn’t know what to do with it and I was taken to a back room for extra questions like what my intentions are, if I work, how long I have been in the states,...

Whenever I told this story at my interview the officer said he was surprised that I was taken for extra questioning because usually they just stamp your passport and that’s it.

My port of re-entry was Anchorage, so they probably don’t get a lot of these.

Good luck!


AOS from VWP

10/04/16: Package (I485, I130, I765, I131) sent to Chicago Lockbox via Priority USPS

10/05/16: NOA1 Package received

10/18/16: Hard copies received

10/26/16: Appointment letter for Biometrics

11/01/16: RFIE: birth certificate joint sponsor missing

11/08/16: Biometrics

11/22/16: RFIE received

12/14/16: I485 Case is ready to be scheduled for interview

12/19/16: Service request for I765 (day 76)

12/23/16: Letter in mail stating that I765 is within normal processing times

01/03/17: EAD card in production (day 91) later changed to Case Approved

01/03/17: I131 AP case approved

01/06/17: Card has been mailed (day 94)

01/11/17: Card in hand :jest: (day 99)

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I second this.  My attorney told me that since it's at the discretion of the CBP agent and they can choose not to allow me back in, he wouldn't even apply for AP since I was also on an overstay.  Nothing is guaranteed unless you're a US citizen.  Even with a green card you cannot be denied entry, but can be found deportable if a red flag comes up when re-entering.

 

@aaron2020 The truth is that the only people who have guaranteed legal right to enter or reenter USA is an American Citizen/Resident, a visa of any kind or Advance Parole do not guarantee your entrance...read the guidelines for this document and you will see exactly this.

Page 1 of "Instructions for Application for Travel Document" says "WARNING: The document does not entitle you to be paroled into the United States; a separate discretionary decision on a request for parole will be made when you arrive at a port-of-entry upon your return."

According to the USCIS website, you MAY or MAY NOT reenter with advance Parole...the document is kind a "suggestion" for the immigration officer to let you in, but he is the one who is going to "Parole" you or not.

So according to the USCIS documents what you said "You heard a lie" might not be the case after all, because according to the law, anyone that is not a American Citizen could be refused to come in to the country at any time even with a valid visa or advance parole.

 

Edited by ElGuapo88

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