F1 STEM OPT lost EAD abroad

[jaazzzw 1]

Wonderful Visa Journey Community: 

 

My friend went home to China for her parents birthday and lost her wallet with her EAD card inside. She's currently on F1 Stem OPT as the title stated, so she's employed here in New York. I have called CBP for her but the agent said she will need to have the local embassy to issue her a temp EAD card, while the local embassy says they do not deal with questions about reentering the US. She has a employment verification letter with her, her I-20, and passport. Does she have a good chance of reentering the US? Is there any other documents she can bring her to the checkpoint to increase her chances? I am wondering if there are people here who had dealt with similar situation (F-1 lost EAD while abroad) and what are your experience? 

[RandyW 149]

She will need to go to the nearest CONSULATE and get a travel document.

 

I-131A, Application for Travel Document (Carrier Documentation)

 

Quote

If you are an LPR, Form I-131A allows you to apply for a travel document if you:

• Are returning from temporary overseas travel of less than one year, and your Permanent Resident Card (also known as a Green Card or Form I 551) has been lost, stolen or destroyed; or
• Are returning from temporary overseas travel of less than two years and your Reentry Permit has been lost, stolen or destroyed.    

. . .

 

You must file Form I-131A in person at a USCIS international field office or with a Consular Section at a U.S. Embassy or Consulate. Before appearing in person, you must submit the filing fee through the online payment system on our website (see the Filing Fee section below). When you appear in person to file Form I-131A, you must bring evidence that you paid the fee, such as a copy of the payment confirmation page or a copy of the email payment receipt notice.

 

Before submitting your filing fee, please contact the nearest USCIS international field office or Consular Section at a U.S. Embassy or Consulate or visit its website to verify that they can process the Form I-131A, and carefully read the form instructions.

 

[jan22 3,056]

7 hours ago, RandyW said:

She will need to go to the nearest CONSULATE and get a travel document.

 

I-131A, Application for Travel Document (Carrier Documentation)

 

Quote

If you are an LPR, Form I-131A allows you to apply for a travel document if you:

• Are returning from temporary overseas travel of less than one year, and your Permanent Resident Card (also known as a Green Card or Form I 551) has been lost, stolen or destroyed; or
• Are returning from temporary overseas travel of less than two years and your Reentry Permit has been lost, stolen or destroyed.    

. . .

 

You must file Form I-131A in person at a USCIS international field office or with a Consular Section at a U.S. Embassy or Consulate. Before appearing in person, you must submit the filing fee through the online payment system on our website (see the Filing Fee section below). When you appear in person to file Form I-131A, you must bring evidence that you paid the fee, such as a copy of the payment confirmation page or a copy of the email payment receipt notice.

 

Before submitting your filing fee, please contact the nearest USCIS international field office or Consular Section at a U.S. Embassy or Consulate or visit its website to verify that they can process the Form I-131A, and carefully read the form instructions.

 

Sorry, but this is completely wrong.  She is not an LPR; rather, she is on a student visa.

 

First question that needs to be answered ---  does she have a current, unexpired F-1 visa in her passport?  If so, with a current I-20, she has a chance of getting on a plane and making a case at the port of entry.  If she doesn't, she will need to apply for a visa.  (There is no way the Embassy overseas can issue any sort of EAD card, BTW.)

[RandyW 149]

32 minutes ago, jan22 said:

Sorry, but this is completely wrong.  She is not an LPR; rather, she is on a student visa.

 

First question that needs to be answered ---  does she have a current, unexpired F-1 visa in her passport?  If so, with a current I-20, she has a chance of getting on a plane and making a case at the port of entry.  If she doesn't, she will need to apply for a visa.  (There is no way the Embassy overseas can issue any sort of EAD card, BTW.)

 

 

No, it's not wrong at all. Travel documents ARE issued at  the Consulates for people who LOSE needed green cards, or are otherwise unable to leave the country they're in.

 

The I-131A may not be what they require, but check with them to see if they can help you.

 

See https://www.***removed***/forum/showthread.php/110019-Advance-parole-lost-while-overseas for an example

[jan22 3,056]

But she didn't HAVE a green card that was lost.  She was on OPT under an F-1 student (non-immigrant) visa.  Your information is only correct for green card holders who lose their green card -- which this person didn't do.  Please re-read the original post.  Your response is 100% wrong.

Edited September 24, 2017 by jan22

[Coco8 1,042]

Is her F1 valid or did it expire? 

 

If her F1 is valid she might be OK.  I don't think they ask for the EAD card, they look at the F1 and i-20 (maybe the employment letter). Does she have a scanned version of her OPT or at least the info on the card like the A# etc just in case?

 

She should also contact the international office at her former university. They should know what students have to present at the border. I think it is not necessary to present the EAD card. And they might have scanned her EAD card so she could get a copy just in case. At least my university keeps scan version of everyone's EAD card, passport, visa, etc. in case the students do not do that themselves.

 

If her F1 expired she needs a new stamp.

Edited September 24, 2017 by Coco8

[jaazzzw 1]

thank you Jan22 and Coco8 for the replies. 

 

She does have a valid F1 stamp and a scanned copy of the EAD. Based on my personal experience (I'm on OPT as well), they asked for EAD every time, and her school did say she would need to present her EAD card at the POE when she called prior to her trip to check. I will call her school tomorrow and see what they say. 

 

Were/ are either of you on OPT and reenter with OPT status? just wondering if my experience for checking EAD card is rare

[jan22 3,056]

With the visa, I would think she will be able to board a plane and then make her case at the Port of Entry. The scanned copy of the EAD may be enough. But, as always, it will be a decision of the officer at the port.

 

Depending on where she is in China, she may be able to go to or contact USCIS at the regional office in either Beijing or Guangzhou and see if there is any documentation they can provide to her.

Edited September 25, 2017 by jan22

[jaazzzw 1]

1 hour ago, jan22 said:

With the visa, I would think she will be able to board a plane and then make her case at the Port of Entry. The scanned copy of the EAD may be enough. But, as always, it will be a decision of the officer at the port.

 

Depending on where she is in China, she may be able to go to or contact USCIS at the regional office in either Beijing or Guangzhou and see if there is any documentation they can provide to her.

Thank you jan22! That's very comforting. I will relay the message to her. She actually is in Guangzhou, but the consulate there isnt that helpful and provide no information. Do you have any suggestions to engage them? 

 

 

[jan22 3,056]

6 hours ago, jaazzzw said:

Thank you jan22! That's very comforting. I will relay the message to her. She actually is in Guangzhou, but the consulate there isnt that helpful and provide no information. Do you have any suggestions to engage them? 

 

 

Suggest she take a look at the USCIS page of the Embassy website: https://china.usembassy-china.org.cn/visas/immigrant-visas/us-citizenship-immigration-services-uscis/ for direct contact information for the office.  

[RandyW 149]

4 minutes ago, jan22 said:

Suggest she take a look at the USCIS page of the Embassy website: https://china.usembassy-china.org.cn/visas/immigrant-visas/us-citizenship-immigration-services-uscis/ for direct contact information for the office.  

 

 

We seem to agree on most of the points - she doesn't HAVE a green card. She CAN contact the consulate.

 

I'll just add that she CAN make an appointment with American Citizen Services at the Guangzhou consulate if she is not 100% certain that she will be allowed to LEAVE China or enter the U.S. Yes, Chinese citizens CAN make appointments with American Citizen Services. They can help with a travel document, if one is necessary.

 

Like you said,

Quote

 Depending on where she is in China, she may be able to go to or contact USCIS at the regional office in either Beijing or Guangzhou and see if there is any documentation they can provide to her.

That documentation is known as a travel document.

[jan22 3,056]

12 hours ago, RandyW said:

 

 

We seem to agree on most of the points - she doesn't HAVE a green card. She CAN contact the consulate.

 

I'll just add that she CAN make an appointment with American Citizen Services at the Guangzhou consulate if she is not 100% certain that she will be allowed to LEAVE China or enter the U.S. Yes, Chinese citizens CAN make appointments with American Citizen Services. They can help with a travel document, if one is necessary.

 

Like you said,

That documentation is known as a travel document.

Actually, we agree on almost nothing, sorry.

 

She needs to contact USCIS at the Consulate, not American Citizen Services (ACS).  ACS has no authority to provide services to non-US citizens except notarial services. 

 

IF she were an LPR, it would be the visa unit that would provide a travel document if her travel document (green card) were lost.  However, she is NOT an LPR and it was NOT a travel document (green card) that was lost.  An EAD is not a travel document and cannot be replaced overseas. The Consular section at the Consulate -- neither ACS nor the visa units -- does not have the ability or authority to assist this person.  If there is any assistance, such as verification of her EAD status, it must come from USCIS.

 

The reason I am still engaging with you on this is to ensure that others who may face something similar have correct information on where they might seek assistance.

[RandyW 149]

You may argue with yourself - I'm not interested. A green card is NOT a travel document. Neither is an EAD card. She doesn't have those. The USCIS is AT the consulate, on the 2nd or 3rd floor.

 

Yes. they CAN help her.

 

 

[jaazzzw 1]

Update: 

She got in touch with the USCIS in GZ. They are very nice and much more helpful than the embassy personnel she was talking with before. The response she got: she should be able to board with I-20 and the valid F-1 Visa, and the EAD should have no bearing (this is surprising b/c obviously it is not true).  The person my friend talked to over the phone also said an EAD card cannot be issued by any USCIS in China. Regarding the travel document, they are not sure entirely which travel document my friend is asking for.

She couldnt get an appointment with USCIS GZ since the next available appointment on infopass is 10/13, which is the day she's flying back. I encouraged her to call back and check if they can make an emergency appointment for her. We will see what happens since the National Day  and mid autumn festival are both coming up (10/1) and the whole China will be on break for a week. 

 

Does anyone know which document is the travel document (document number we can refer to?) 

[jan22 3,056]

15 minutes ago, jaazzzw said:

Update: 

She got in touch with the USCIS in GZ. They are very nice and much more helpful than the embassy personnel she was talking with before. The response she got: she should be able to board with I-20 and the valid F-1 Visa, and the EAD should have no bearing (this is surprising b/c obviously it is not true).  The person my friend talked to over the phone also said an EAD card cannot be issued by any USCIS in China. Regarding the travel document, they are not sure entirely which travel document my friend is asking for.

She couldnt get an appointment with USCIS GZ since the next available appointment on infopass is 10/13, which is the day she's flying back. I encouraged her to call back and check if they can make an emergency appointment for her. We will see what happens since the National Day  and mid autumn festival are both coming up (10/1) and the whole China will be on break for a week. 

 

Does anyone know which document is the travel document (document number we can refer to?) 

Glad she got through to USCIS and they reassured her. 

 

She already has the travel document she needs -- her passport with a still-valid F-1 student visa and a current I-20.

The "travel document" that RandyW wrote about applies only to a lost green card.  She doesn't qualify for one -- but that's not an issue, since she doesn't need one!

Edited September 26, 2017 by jan22