Re-entry on AP with GC Issued while away but not in hand for return

[Kiwinyc 62]

There have been a couple of posts debating about whether or not AP is 'cancelled' when AOS has been approved and a GC issued. In my case the query was whether if someone was out of the country when their GC was approved and issued, if they needed the the GC's sent to them in order to get back into the U.S.

The answer for my two children is no, they re-entered successfully yesterday in Austin, TX with AP (second time it was used) despite their GC's having been received by me at the beginning of the month.

Had they had their GC's in possession they would have used those but I didn't bother sending them to while they were away, figuring their AP was still valid until the date stated and it is. CBP were not aware that their AOS had been approved or had any GC's issued and they were not asked for them.

Therefore, if you are traveling on AP during AOS and your AOS is approved while you are still overseas you don't have to worry about somehow getting hold of your GC in order to get back in, you can re-enter using AP and start using your GC next time.

Hope this helps for anybody else in this situation.

[Nich-Nick 3,354]

CBP told me (three different times that I asked) that their screens do not have immigration details like petitions filed, AOS filed/approved ,etc.

[topoftherock2013 23]

Really useful! Good call.

In my case, I was approved for GC (without interview) and then 5 days after approval, I travelled internationally with AP. My GC arrived whilst I was out of the US.

I used my AP to return to the US border, knowing that my GC was sitting in my post box at home. I told the CO exactly this, and he had no problem with using AP.

Hope this helps!

Good luck.

[Dave&Roza 748]

People, this is the US government we are talking about here. IF the AP and EAD expired when the GC is issued it would state that fact on the AP card. Since the AP card has a specific expiration date than you as the card holder expect it to be valid until it expires. Why would it magically become null-and-void the moment the GC is issued? There are many stories of the GC being issued and mailed, yet the recipient does not recent the GC and has to go thru all kinds of h3ll to get their GC. Does it mean they cannot travel or work because the GC was issued on XX/yy/ZZZZ. Unless someone can find a statement in the CFR (code of federal regulations) that expressly states the AP and EAD card are invalidated the moment the GC is issued then that is not the case--I have done a little searching when this subject comes up and I have yet to find anything that states the GC being issued causes the AP and EAD card to expire. I deal with the rules and regulations of the FAA and unless it is expressly forbidden in the CFR you may do it, however; they FAA does have their hang them all clause of 91.13 careless and reckless, but there is no such clause in immigration.

It is interesting that we focus on travel and the AP, but the EAD is the same card yet we do not say we have to stop working once the GC is issued because we do not have to actually show the employer the GC until we have it to show. Why not use the same rational for the AP? Travel on the AP until you actually have the GC in your possession to use for travel?

Dave