EAD arrived today, but I have a few Questions!

[kennym 275]

We are excited that the EAD Card Arrived today in the Mail, however it has a few things that I have questions about..

1st, It expires in 1 year. Why is that? Does the Green Card serve as permision to work when it arrives?

2nd, at the bottom of the card a statement says: "SERVES AS I-512 ADVANCE PAROLE". So is this what's needed for my wife to travel home?

3rd, There is a paper attached which warns AP holders about travelling.. What is the "real" story about traveling using the AP, are the terible stories about people not being allowed to enter the country a real concern? Should we wait for the I-485 to be approved and Green Card to arrive?

I appreciate all your helpful responses...

Kenny

[Brother Hesekiel 2,236]

Once the Green Card is issued, none of the other stuff such as EAD or AP are needed anymore. The Green Card is the king of the game; it allows to live, to work, to travel, to do whatever the heart desires.

Equally important, the moment it arrives, home has become the US of A.

People who are out of status, have overstayed their welcome, should not used AP, because they would trigger a bar when leaving the US, even with the AP in hand.

[kennym 275]

Once the Green Card is issued, none of the other stuff such as EAD or AP are needed anymore. The Green Card is the king of the game; it allows to live, to work, to travel, to do whatever the heart desires.

Equally important, the moment it arrives, home has become the US of A.

People who are out of status, have overstayed their welcome, should not used AP, because they would trigger a bar when leaving the US, even with the AP in hand.

Just Bob

Thanks, as always, you have good answers..

What are the potential "gotcha's" other than the normal "inadmissable" reasons that can ruin the day..

For example, we're waiting on the Green Card Approval.. Our applications was transfered to CSC for the I-485... I remember reading someplace, I beleive on the USCIS Website, that if you are out of the country when your green card is approved, that you can not use the AP to re-enter? Is that actually the case?

Are there any other potential hidden potential problems that are not so obvious to us normal people?

Any help is appreciated..

Edited May 5, 2011 by kennym

[VanessaTony 3,567]

Just Bob

Thanks, as always, you have good answers..

What are the potential "gotcha's" other than the normal "inadmissable" reasons that can ruin the day..

For example, we're waiting on the Green Card Approval.. Our applications was transfered to CSC for the I-485... I remember reading someplace, I beleive on the USCIS Website, that if you are out of the country when your green card is approved, that you can not use the AP to re-enter? Is that actually the case?

Are there any other potential hidden potential problems that are not so obvious to us normal people?

Any help is appreciated..

1. If your AOS is denied you can't come back in because your AP is voided

2. If your AOS is approved you can't come back on AP (because it's voided) you need the GC (so it would have to be mailed but this isn't ideal unless you HAVE to do this)

3. If you had a period of 180 days of being out-of-status (180 days since your I-94 expired) then you'll be unable to enter because you'll have triggered a 3 year ban. 365+ days is a 10 year ban

It's hard to give you accurate advice when we don't have all the facts. According to the small timeline you have the immigrant entered in December 2010 so it's only been 4 months since the immigrant arrived so no ban to worry about (can't see that you've even applied for AOS yet). You only need to worry about 1 or 2. If the immigrant doesn't NEED to travel then they should just wait till they get the GC... so much safer that way.

Edited May 5, 2011 by Vanessa&Tony

[kennym 275]

(can't see that you've even applied for AOS yet).

I have applied for AOS... Please see my signature..

[VanessaTony 3,567]

I have applied for AOS... Please see my signature..

I have disabled signatures because people post ridiculously large pictures or obnoxiously large signatures and it takes forever to read the IMPORTANT parts of a thread. I was referring to the timeline function on VJ. That's what people use to compare their timelines with others. It has a purpose on the site (outside of tracking your personal case it helps others too) so if you can please update the timeline that would be fab

[kennym 275]

I have disabled signatures because people post ridiculously large pictures or obnoxiously large signatures and it takes forever to read the IMPORTANT parts of a thread. I was referring to the timeline function on VJ. That's what people use to compare their timelines with others. It has a purpose on the site (outside of tracking your personal case it helps others too) so if you can please update the timeline that would be fab

Timeline is done..

So, if I understand your post properly...

If Maritza's K1 expired Mar 2nd, 2011, Are you saying she is in an Overstay situation? even though we've applied for AOS.. That if she left the country now, its almost certain they would not let her in based on the overstay situation????

Just to add, we've applied for AOS, our Case was transfered to CSC, which (as far as I can see) means we likely wont have an interview..

Just want to make sure I understand this clearly..

Kenny

[Harpa Timsah 13,258]

Once you applied for AOS, she is in a new period of authorized stay, and the original K-1 I-94 is irrelevant. It looks like you married and sent off AOS paperwork within one month of entering, so she has not a single day of overstay.

There must be some rule about AOS getting approved when person is out of country on AP, but I don't know it. It seems very unreasonable that a person would be stuck in suspense when they are traveling, and suddenly their AOS gets approved. I know the AP is rendered invalid when GC is approved or denied, however, perhaps a local consulate could stamp the passport with a Permanent Resident Stamp in such a case?

[kennym 275]

There must be some rule about AOS getting approved when person is out of country on AP, but I don't know it. It seems very unreasonable that a person would be stuck in suspense when they are traveling, and suddenly their AOS gets approved. I know the AP is rendered invalid when GC is approved or denied, however, perhaps a local consulate could stamp the passport with a Permanent Resident Stamp in such a case?

Guys,

Thanks to everyone who responded...

• So if Maritza is out of the Country and her GC is approved, what happens to the AP and are there any special considerations for returning to the US in that situation?
  
• What happens if I Send her the Creen card by FedEx to Colombia, and it gets lost?
  
• How hard is it to replace a Green Card and how long does it take?
  

I want to make sure we have all the bases covered..

[VanessaTony 3,567]

Timeline is done..

So, if I understand your post properly...

If Maritza's K1 expired Mar 2nd, 2011, Are you saying she is in an Overstay situation? even though we've applied for AOS.. That if she left the country now, its almost certain they would not let her in based on the overstay situation????

Just to add, we've applied for AOS, our Case was transfered to CSC, which (as far as I can see) means we likely wont have an interview..

Just want to make sure I understand this clearly..

No no. Some people (like me) aren't able to file their AOS before their i-94 expires and there is no requirement to do so BUT once that I-94 expires, unless you've applied for AOS then you start accumulating out-of-status days. Because the fee for AP is waived when applying together with AOS people send it off without thinking about whether they have accumulated enough out-of-status days to get a ban. USCIS will approve AP without even checking that and some people seem to think that they wouldn't have been approved if they couldn't use it, go out of the country and then have a ban and can't come back without another visa and a waiver for the ban.

In your case there isn't an issue of overstay days because once you apply for AOS you're in a period of "authorised stay". Because you applied BEFORE accumulating enough overstay to incur a ban you'll have no issue. BUT (though this isn't your case I'll state it anyway) the overstay days accumulated BEFORE applying for AOS count which is where people are caught. They think because they're in authorised stay now that the previous overstay doesn't count but it does.

There must be some rule about AOS getting approved when person is out of country on AP, but I don't know it. It seems very unreasonable that a person would be stuck in suspense when they are traveling, and suddenly their AOS gets approved. I know the AP is rendered invalid when GC is approved or denied, however, perhaps a local consulate could stamp the passport with a Permanent Resident Stamp in such a case?

I've heard/read conflicting info on this. On the one hard I've read that you can only enter as an LPR meaning you need to show your GC when you enter and on the other hand I've heard that they'll let you in on AP but stamp it "LPR" and not "parolee".

One post I just read said make sure to mention "GC approved" at the border and they can stamp your passport with the I-551 stamp there and then. Apparently though you'll likely be taken to secondary inspection. You're all valid so I'm sure it'd be fine either way. My personal opinion though is if there's no NEED to leave the country, best to wait and be sure.

[TBoneTX 45,550]

Hello, Kenny, si man --

Mrs. T-B. and I faced the same situation. A (very good) immigration attorney whom I consulted said that the AP can be used if there has been no overstay in the past or any lying during any part of the process beforehand. At POE upon return, CBP can ask absolutely anything that the consulate or embassy asked, and CBP can react on the basis of how it perceives the answers -- meaning that CBP can deny or allow re-entry. Chances are that re-entry will be allowed, because the consulate has presumably already run the beneficiary through the wringer fairly recently.

We used AP for a day-trip into Mexico. Before crossing over, we went to the re-entry side, showed our never-used AP forms, and asked whether we should go across or not risk it. The agent took them, disappeared, returned, and said, "They're probably all right; they're stamped for multiple entry. They (his colleagues) will process them in detail when you come back."

Upon our return, the CBP agent at POE knew what an AP form was, but he had obviously never processed one himself. The whole process took perhaps 45 minutes, and much of it was comical. Toward the end, when it became apparent that they were approving re-entry, I asked if the computer information indicated when Mrs. T-B. would get her green card. The agent said that it didn't. Ironically, the green card was in the mail to us at that very time.

I was very fortunate that I had Mrs. T-B. carry a copy of our marriage certificate with us, because the agent wanted to see it (and I suspect that it helped greatly). For anyone who travels on AP, or even domestically within the U.S. when there's the faintest chance of encountering CBP/ICE (Del Rio is such), I very strongly recommend carrying copies of the most recent Immigration paperwork that's available -- even if it's a photocopy of the cover-letter that was sent for the AOS/AP application. As soon as something newer comes in, move up to carrying that. Repeat until the green card is IN HAND.

The effect is what the attorney told me, above; whether it answers your first question is for you to determine. To your other most recent questions, I wouldn't risk shipping a green card to a third-world country where Customs people routinely open packages, and it takes a long time plus a ridiculous fee to replace a lost green card.

Does this help, si man?

[kennym 275]

Does this help, si man?

Hey TBoneTX

You know we should meet up sometime... I know you once may have told me where in Texas you actually are, but I am not sure when & where it was that you told me, If you don't live in Texarkana or the other side of Texas, maybe we should plan to meet up sometime soon..

Back to the subject, I have a packet just as you described where we have all the documents that a CBP agent might ask for together in a plastic envelope.. Maritza often is alone since I travel and she keeps these documents with her.. They contain all the NOA's and SSN, as well as teh EAD, marriage certificate and medical stuff she may need for whatever may comeup.. She sometimes jokes about why Americans are so tightly wound and require so many documents..

Welcome to America...

So, just to be clear, Maritza entered the USA on Dec 2nd 2010, her I-94 was stamped Mar 2nd 2011, We mailed the AOS Package on Mar 2nd, 2011.. Exacthly 3 months after she entered the USA. We received NOA1s for I-485, EAD and AP on March 8th and the NOA1 Hard copys on Mar 10 or 11th by USPS.. On Mar 21th we received notice that the Application to Adjust Permanent Residence Status was being transfered to CSC and Mar 28th we received notice that Process on teh 1-485 was received by CSC and processing has resumed.. The fact that our application was transferred, seems to me, indicates that we will likely not need to have an interview.. (that was kind of a question as well as a statement)

So, technically was there any overstay that would hurt her case since our 1-94 expired on the day we sent the AOS Package and received NOA1 on 8 Mar?

Also, how long did it take, after you received your AP, to receive your GC approval and Actual GC?

Did you have an interiew?

Because, I've asked Maritza to hold off on a trip home until her GC arrives, but I am wondering if that will be maybe only a month or so, or much longer?

Edited May 7, 2011 by kennym

[Brother Hesekiel 2,236]

Kenny,

you are overly concerned. Maritza can travel on AP, no problem. Should the AOS be approved while she is abroad, she will show her AP nonetheless when boarding the plane, and at the P.O.A. the CBP officer will either just admit her (likely) or put an I-551 stamp in her passport (unlikely). Nobody expects family members to forward a Green Card to a foreign country. Also . . . imagine the AOS gets approved while she's on board of a plane to the US.

Really . . . don't worry about this.

[markiweiss49 4]

Timeline is done..

So, if I understand your post properly...

If Maritza's K1 expired Mar 2nd, 2011, Are you saying she is in an Overstay situation? even though we've applied for AOS.. That if she left the country now, its almost certain they would not let her in based on the overstay situation????

Just to add, we've applied for AOS, our Case was transfered to CSC, which (as far as I can see) means we likely wont have an interview..

Just want to make sure I understand this clearly..

Kenny

[markiweiss49 4]

HI, MY WIFE HAD JUST GOTTEN HER GREENCARD TODAY IN THE MAIL. SHE DOESN'T HAVE TO GO FOR A INTERVIEW. ABOUT 3 WEEKS AGO, MY WIFE HAD RECEIVED HER EAD CARD AND IT WILL EXPIRED NEXT YEAR. BY READING THESE POSTS, IT ANSWER MY QUESTION ABOUT IF MY WIFE HAS TO RENEW HER EAD CARD NEXT YEAR. AS LONG AS SHE RECEIVED HER GREENCARD, SHE DOESN'T HAVE TO RENEW HER EAD CARD. AM I RIGHT? GOOD LUCK TO EVERYONE THAT IS WAITING FOR THEIR GREENCARD.

Edited May 7, 2011 by markiweiss49