EAD and Advance Parole question?

[ilovethebeach310 8]

Hello

One of my husbands best friends is getting married 26th July back in UK. We booked to fly back 15th July, months ago. Now before you say "You should of waited till you had the EAD/AP card before you booked" We both knew the risk and prices were always going to get higher. If worst comes to worst we will just change the flight. According to VJ processing times, at the time of booking the flight (We know its a rough estimate) the average time was 72 days.

This might seem a stupid question but he is kind of desperate to get to this wedding, do you need the combo card to fly or could you just get someone to mail to him while he is there? I'm just spit balling here as he is losing my mind and stressing out. He already had to turn down two jobs because of the length it's taken. I know I still have 7 days till our flight but I'm just thinking worst case scenario. I honestly thought it would of come by now, as I have yet to see it taking longer than 90 days for anyone.

There has been no update online but apparently we are more likely to just randomly receive the combo card in the mail without any notice. He also filled out a case request on USCIS.gov but they said its still in normal processing times.

As of today its been 87 days....

[TBoneTX 43,019]

He needs to have it in hand before he leaves, if he wants to get back in.

[Pitaya 2,576]

From the I-131 form instructions, page 1, section 3, first "NOTE" section: http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf :

NOTE: Generally, if you are in the United States and have applied for adjustment of status to that of a lawful permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining an Advance Parole Document.

Hopefully it will arrive in time.

Good luck on your immigration journey.

[Nich-Nick 3,353]

They will know he left July 15 and for example maybe not approved until July 18, so the mailing thing could bite you.

[ilovethebeach310 8]

Ahh ok. We made a request to expedite and it said request is completed with a new referral #. Does anyone know what that means?

[newacct 688]

It needs to be approved by the time he leaves, but he doesn't necessarily need to have it on him when he leaves. If he leaves after it's approved and before he gets it in the mail, it can be mailed to him.

[Pitaya 2,576]

It needs to be approved by the time he leaves, but he doesn't necessarily need to have it on him when he leaves. If he leaves after it's approved and before he gets it in the mail, it can be mailed to him.

That is likely incorrect and tenuous at best. Please review my #3 response and reference.

Edited July 11, 2015 by Pitaya

[newacct 688]

That is likely incorrect and tenuous at best. Please review my #3 response and reference.

It is correct. As long as the AP is issued to you, you have an AP. Whether you have it physically or not when you leave is not knowable.

The wording on forms is not always the most clear. You can see in other places for example on the CBP website:

Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment.

Edited July 11, 2015 by newacct

[Pitaya 2,576]

It is correct. As long as the AP is issued to you, you have an AP. Whether you have it physically or not when you leave is not knowable.

The wording on forms is not always the most clear. You can see in other places for example on the CBP website:

Well, in my opinion, I would rather have the card in my possession prior to leaving the US, than trying to explain to the "friendly" CBP officer at the returning POE how I didn't abandon my AOS, and now have to start all over. I would rather avoid the possibility of that encounter.

Your choice, do you fell lucky?

[izziefans 0]

Here's my $0.02:

My EAD/AP was set to expire on June 30, 2015. I applied for renewal on May 10 but did not receive the renewed card till July 3rd. The card showed approval date as June 4th. There were 3 days of July when I didn't know what my status was because I did not have card in my hand. If someone had asked me then, I would have been in trouble.

Now, lets say that if I had gone out of US on May 15, 2015, while my renewal application was submitted but I didn't know the status. I would have received my card on July 3rd and have it mailed to me so I could re-enter the country. I don't see how anyone can tell me that I violated the "advanced parole should be approved prior to leaving the country" rule. Same way, if someone left the country while being on valid status, and also entered with a valid AP, there should not be any trouble. BUT why would you take such a big risk?

What if my card had July 2 as the date of renewal? Anyone at POE would have noticed that I went out of status for one day and that would have been big trouble.

Amirite?