EAD/AP combo card renewal question

[The Bloomies 7]

Hello everyone,

 

I'm currently adjusting status from an F1 visa (things are very slow at my FO) and have been since April 2019. I've just remembered that I have to renew my EAD/AP card which expires on 10th September 2020. So far I have ascertained that I need to file both the I-131 and the I-765 pretty much as I did the first time. Is this correct? Unfortunately, I booked a trip to visit family abroad for Christmas without factoring in the delays in processing times right now. Hopefully our interview or GC will come before December. I have two questions: 

 

1. Would it be worth a shot to request an expedite for the combo card? I started up my own company and I have only one ongoing client which I work for as an independent contractor. I do know that I get a 180 EAD extension so maybe there isn't due cause here because technically I could continue to work, but I wondered if it's still possible. Since it's a combo card, if the EAD is expedited perhaps this might help the AP be expedited too.

2. What shall I put as my Class of Admission on the I-131 form? Previously I listed F1 since that was correct at the time. My F1 visa is no longer valid and I was most recently paroled using my combo card.

 

Many thanks all!

[The Bloomies 7]

Update: I figured out from my online I-94 record that my Class of Admission is DA.

 

For the I-785 form, however, should I list my immigration status for the question: "Immigration at Your Last Arrival (for example, B-2 visitor, F-1 student, or no status)" as no status? Or would this also be DA?

 

Also, for the next question: "Your Current Immigration Status or Category (for example, B-2 visitor, F-1 student,  parolee, deferred action, or no status or category)", would I be parolee?

 

Thank you all.

Edited July 11, 2020 by The Bloomies

[arken 4,197]

No harm in expediting but doesn’t seem a reasonable cause.

 

Immigration at last arrival: DA

 

Current status: DA

[igoyougoduke 1,614]

1 hour ago, The Bloomies said:

Hello everyone,

 

I'm currently adjusting status from an F1 visa (things are very slow at my FO) and have been since April 2019. I've just remembered that I have to renew my EAD/AP card which expires on 10th September 2020. So far I have ascertained that I need to file both the I-131 and the I-765 pretty much as I did the first time. Is this correct? Unfortunately, I booked a trip to visit family abroad for Christmas without factoring in the delays in processing times right now. Hopefully our interview or GC will come before December. I have two questions: 

 

1. Would it be worth a shot to request an expedite for the combo card? I started up my own company and I have only one ongoing client which I work for as an independent contractor. I do know that I get a 180 EAD extension so maybe there isn't due cause here because technically I could continue to work, but I wondered if it's still possible. Since it's a combo card, if the EAD is expedited perhaps this might help the AP be expedited too.

2. What shall I put as my Class of Admission on the I-131 form? Previously I listed F1 since that was correct at the time. My F1 visa is no longer valid and I was most recently paroled using my combo card.

 

Many thanks all!

1) you can expedite the AP due to travel and if you have work issues you can expedite EAD. EAD and AP are separate applications.  Travelling while AP  renewal is pending and current AP expired  means AP is considered abandoned and will be denied. EAD renewal will not be denied due to travel. 

 

 

2)  your class of admission is F1 if you entered the country on F1 status during the last entry. if you have  entered US on advance parole than you are Parolee

 

Edited July 11, 2020 by James120383

[The Bloomies 7]

44 minutes ago, arken said:

No harm in expediting but doesn’t seem a reasonable cause.

 

Immigration at last arrival: DA

 

Current status: DA

Thank you, @arken. That’s what I thought too. 

 

And that makes sense—DA for both. There are so many codes that I never really know what USCIS wants from me.

[The Bloomies 7]

11 minutes ago, James120383 said:

1) you can expedite the AP due to travel and if you have work issues you can expedite EAD. EAD and AP are separate applications.  Travelling while AP  renewal is pending and current AP expired  means AP is considered abandoned and will be denied. EAD renewal will not be denied due to travel. 

 

 

2)  your class of admission is F1 if you entered the country on F1 status during the last entry. if you have  entered US on advance parole than you are Parolee

 

Thanks, @James120383. From what I’ve read AP would only be expedited due to emergent circumstances which this is not. I think I might just have to cross my fingers that we get our interview (or approval) before then.

[The Bloomies 7]

I’m just having a conversation with my husband and we’re a little confused on one thing in relation to AP. When we travelled to Scotland last Christmas, the CBP officer stamped my passport with a DA parole (as noted above) and told me that, if I didn’t have my green card by the same date a year from now, I could cross into Canada and return to get another stamp which would last another year. If I did that before my AP expires in September, would that allow me to travel internationally for Christmas this year? Or would the fact that my combo card will be expired be an issue?

 

Thanks in advance. 

[arken 4,197]

The CBP seems to be wrong in saying that unless there was some miscommunication. If one travels abroad with expired AP without applying for a new one, AOS will be deemed abandoned.

[The Bloomies 7]

On 7/12/2020 at 2:33 PM, arken said:

The CBP seems to be wrong in saying that unless there was some miscommunication. If one travels abroad with expired AP without applying for a new one, AOS will be deemed abandoned.

Ah, ok. Maybe I did misunderstand him. I just couldn’t figure out what the purpose of that was if my AP was expired.

 

Ok, that’s good to know too. I thought one option might perhaps have been leaving with the AP expired and then just staying with my mum for the time it would take to get my new card (based on current wait times, I’m guessing it might process within  about a month of me needing it for this Christmas trip) and have my husband mail it to me so that I can return on it. That way we wouldn’t lose our flights and I would just have to reschedule my return date. Would that also be considered abandoning the AOS?

[arken 4,197]

13 hours ago, The Bloomies said:

Ah, ok. Maybe I did misunderstand him. I just couldn’t figure out what the purpose of that was if my AP was expired.

 

Ok, that’s good to know too. I thought one option might perhaps have been leaving with the AP expired and then just staying with my mum for the time it would take to get my new card (based on current wait times, I’m guessing it might process within  about a month of me needing it for this Christmas trip) and have my husband mail it to me so that I can return on it. That way we wouldn’t lose our flights and I would just have to reschedule my return date. Would that also be considered abandoning the AOS?

Yes.

[The Bloomies 7]

43 minutes ago, arken said:

Yes.

I see. Ok, thank you so much for the feedback. I’ll just cross my fingers it comes in time! 🤞🏼

[HRQX 4,145]

On 7/11/2020 at 10:05 AM, The Bloomies said:

"Your Current Immigration Status or Category (for example, B-2 visitor, F-1 student,  parolee, deferred action, or no status or category)"

Pending AOS under INA 245

[HRQX 4,145]

On 7/11/2020 at 12:08 PM, The Bloomies said:

the CBP officer stamped my passport with a DA parole (as noted above) and told me that, if I didn’t have my green card by the same date a year from now, I could cross into Canada and return to get another stamp which would last another year.

Maybe CBPO was referring to the following exception; 8 CFR 245.2(a)(4)(ii)(B): "The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. If the adjustment of status application of such individual is subsequently denied, he or she will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act."

 

@geowrian, is 8 CFR 245.2(a)(4)(ii)(B) appropriate for OP's Christmas plan? Or did I misinterpret that exception?

[geowrian 22,336]

53 minutes ago, HRQX said:

Maybe CBPO was referring to the following exception; 8 CFR 245.2(a)(4)(ii)(B): "The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. If the adjustment of status application of such individual is subsequently denied, he or she will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act."

 

@geowrian, is 8 CFR 245.2(a)(4)(ii)(B) appropriate for OP's Christmas plan? Or did I misinterpret that exception?

I'm really not sure what CBP was referring to in the OP's case. There's just not enough info to make a meaningful guess. I'm not aware of CBP being able to grant or extend the timeline of AP...they just parole on a case by case basis.

There are some unique circumstances with travel to Canada and/or Mexico that I have seen not count as a departure for this purpose, but I honestly don't follow it enough to speak on it. That's the only thing I can think of off-hand that they may have mentioned...although it wou8ldn't apply to a trip outside of Canada or Mexico anyway. 🤷‍♂️

 

With regard to the CFR section referenced, my understanding is that is refers to a valid AP document. Or to put it another way "...for such absences" is constrained by the validity of the AP document. If the AP document is no longer valid, it is not being used in an approved manner.

Essentially, 8 CFR 245.2(a)(4)(ii)(B) is the provision that provides the general exception to abandonment due to AP.

 

My understanding is that if you leave without a valid AP approval, or if AP expires while abroad, then the most recent travel outside the US is deemed a departure. A departure generally triggers abandonment of the AOS application. That should trigger the pending I-485 + dependent applications to be denied. That's covered in section A of that CFR. The exceptions are listed immediately afterward. If AOS is denied while abroad, the existing AP document is no longer valid for admission and they need another valid entry document, like any other entry.

 

I say "should" above as I have seen cases where USCIS issued an RFE for evidence of not traveling abroad first, or even cases where the I-131 was approved and AP document issued before they caught the departure. In more than 1 case, they successfully re-entered the US with that (incorrectly) issued AP document. The I-485s were subsequently denied due to abandonment (at least once after an interview), but they were able to refile as they were now already in the US.

 

Either way, I would highly suggest filing for a new AP document ASAP, and then requesting an expedite if it gets near to the desired date. And keep the plans for that date flexible, in case neither of those result in a new AP document.

[HRQX 4,145]

8 minutes ago, geowrian said:

Essentially, 8 CFR 245.2(a)(4)(ii)(B) is the provision that provides the general exception to abandonment due to AP.

What confused me is the way the second half of section A is worded by saying "shall be deemed" and then later stating "unless the applicant was previously granted." I.e. in my mind I was thinking why include Section B when it's essentially saying the same thing, as section B says "shall not be deemed."