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timepasse

Out of US when 485 approved, Valid EAD

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Can some one please advise on the following scenario.

I have been out of US for personal reasons since May 2011. My GC got approved in July 2011. I was waiting for my GC till now but didn't get it in mail. Now Biometrics appointment came in US. I have a valid AP but my EAD is expired. I also don't have any current job in US. Would it be OK technically to go for the biometric and get the GC, I am asking for a legal perspective. Also what are the issues I can face at the Port of Exit in India or Port of Entry in US. Also what should I expect at the Center. Any suggestions??

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What process are you doing exactly? I am a bit confused, because you are saying that your GC was approved, but that you have a biometrics appointment coming up... if your GC has been approved, there shouldn't be any reason for biometrics? Also, if you have the AP and EAD, you must have done biometrics already to have been issued those. If you have been issued a GC 6 months ago, and you've been abroad for this whole time, you can definitely expect some tough scrutiny at POE coming back in.. but a bit more clarity to your situation would help in order for people to be able to advice you correctly.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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What process are you doing exactly? I am a bit confused, because you are saying that your GC was approved, but that you have a biometrics appointment coming up... if your GC has been approved, there shouldn't be any reason for biometrics? Also, if you have the AP and EAD, you must have done biometrics already to have been issued those. If you have been issued a GC 6 months ago, and you've been abroad for this whole time, you can definitely expect some tough scrutiny at POE coming back in.. but a bit more clarity to your situation would help in order for people to be able to advice you correctly.

Sorry for the confusion. What I meant was 485 was approved. I had my valid EAD and AP when I left. But EAD expired in the interim and AP will in the next month or so.

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Ummm.. did you come here with a K-1, got married and filed the I-485? In any case, you will have some explaining to do at POE as to why you have been out of the country for 6 months since your GC was issued without ever coming to even get the physical card. In addition, once your GC is approved, your AP becomes invalid and doesn't necessarily authorize you to re-enter the US. Where is the GC now? At your house in the US? Can you show you maintained ties and residence in the US while in India? I am also still a bit confused about this biometrics issue..


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Sorry for the confusion. What I meant was 485 was approved. I had my valid EAD and AP when I left. But EAD expired in the interim and AP will in the next month or so.

When the I-485 is approved, you get a green card. I suspect that you received the AP/EAD and the adjustment of status is still pending. Didn't you have a biometrics appointment already, to receive the AP/AED? I am not aware of any time constraints related to the use of an AD, however being out of the country for 8 months while AOS is pending can probably lead to some issues at the port of entry. I mean, they make a big fuss when you are abroad for that long even when you have a green card, go figure when you are still waiting to be approved for one.

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When the I-485 is approved, you get a green card. I suspect that you received the AP/EAD and the adjustment of status is still pending. Didn't you have a biometrics appointment already, to receive the AP/AED? I am not aware of any time constraints related to the use of an AD, however being out of the country for 8 months while AOS is pending can probably lead to some issues at the port of entry. I mean, they make a big fuss when you are abroad for that long even when you have a green card, go figure when you are still waiting to be approved for one.

So I never went for biometrics when I filed my EAD/AP for the past few years because USCIS never asked for one. So before leaving US, I had valid EAD/AP. My 485 got approved 3 months after leaving US but I never received the cards. So now they want me to come for biometric. So this biometric is not for AP/EAD. Also Advance Parole (AP) is valid for 1 yr.

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The OP does not say what process he/she is chasing, but I suspect that it is a I-485 based off of a work visa. The OP says he has had AP for years, and that he is not currently working in the US (and asks if that is okay). If he is not currently working in the US, then I don't think his process is valid anymore (and I think he knows this because he asked about it).

I suspect the I-140 was approved and now he needs biometrics for I-485. BUT, it seems to me he cannot pursue this any longer because he has no employer/job.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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The OP does not say what process he/she is chasing, but I suspect that it is a I-485 based off of a work visa. The OP says he has had AP for years, and that he is not currently working in the US (and asks if that is okay). If he is not currently working in the US, then I don't think his process is valid anymore (and I think he knows this because he asked about it).

I suspect the I-140 was approved and now he needs biometrics for I-485. BUT, it seems to me he cannot pursue this any longer because he has no employer/job.

Not sure what OP means above? But I am assuming it refers to person who raised the question (Which will be 'me'). So you are correct 485 was based on employment. and my 140 was approved about 3 yrs back. I came out of US temporarily but due to the circumstances was not able to go back. The reason I asked the above question was I got 485 approval in mail in August and now the biometrics. So was trying to understand what are the implications. Can I go back on AP and get the biometrics done.

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