EAD/AP Card Travel

[helpmylife]

Goodmorning everyone,

So my wife and my step son had our interview January 7th 2016 in Chicago and so far havent had any updates. We booked a family vacation for May 10th to the Dominican Republic thinking that by the month of May we should have had the greencards. However, we have not received them and our vacation is fast approaching. Both my Wife and Step son arrived from Russia on a B1/B2 visa which is still good for another year or so, however they have overstayed past the alotted 6 months that a tourist can usually stay. Our concern is that we will experience issues coming back into the US. We of course will bring any documents showing we are going through the adjustment process, but Im stressing out that they may make a big deal that they stayed longer then they should have even though they have the AP/EAD combo.

We really thought we would have the approval by now, considering how well our interview went. The woman even said she would work on it that day and pretty much emphasized that she would approve it. Im not sure what the delay is, but its pushing our anxiety levels quite high with this vacation coming up.

Any words of wisdom from anyone who has travelled in a situation like this?

[rayb]

Use of your wife's B2 visa (or Advance Parole) to reenter the U.S. will be risky, since she is already being processed as an immigrant. Planning of a trip outside the U.S. before her Permanent Resident status is secure was not a good idea, as there is a chance she can be considered a visa overstay and an immediate bar against their reentry might be enforced.

--Ray B

Goodmorning everyone,

So my wife and my step son had our interview January 7th 2016 in Chicago and so far haven't had any updates. We booked a family vacation for May 10th to the Dominican Republic thinking that by the month of May we should have had the greencards. However, we have not received them and our vacation is fast approaching. Both my Wife and Step son arrived from Russia on a B1/B2 visa which is still good for another year or so, however they have overstayed past the alotted 6 months that a tourist can usually stay. Our concern is that we will experience issues coming back into the US. We of course will bring any documents showing we are going through the adjustment process, but Im stressing out that they may make a big deal that they stayed longer then they should have even though they have the AP/EAD combo.

We really thought we would have the approval by now, considering how well our interview went. The woman even said she would work on it that day and pretty much emphasized that she would approve it. Im not sure what the delay is, but its pushing our anxiety levels quite high with this vacation coming up.

Any words of wisdom from anyone who has travelled in a situation like this?

[helpmylife]

Thanks Rayb, we were thinking we would have the GC by now. So even with having the AP card, we are likely going to face alot of scrutinization and possible denial of entry? I guess I dont understand the point of the AP card then even if she had to travel back to her home country for family or humanitarian reasons which is why we applied for it in the first place.

[rayb]

If you have the Green Card, there will be no problem reentering the U.S.

Your Advance Parole normally allows reentry to the U.S., but you are faced with a "catch 22," in that you would be reentering the U.S. with a B2 visa, the last entry of which resulted in an overstay. Your wife might be faced with a revocation of her B2 visa when atempting to reenter the U.S.

--Ray B

Thanks Rayb, we were thinking we would have the GC by now. So even with having the AP card, we are likely going to face alot of scrutinization and possible denial of entry? I guess I dont understand the point of the AP card then even if she had to travel back to her home country for family or humanitarian reasons which is why we applied for it in the first place.

[helpmylife]

That makes sense, I just spoke to USCIS and was told they updated the processing times today and now are working on July 31st, where as our case was received on 8/28/15. So now we are stuck wondering if we should take the chances or lose the money we invested in this vacation. It sounds like we should hear something soon but I dont know how long itll take for them to get to our application. We still have about a month before the vacation is set to take place. Anxiety and uncertainty is the worst.

[helpmylife]

Just throwing this out there, I did some more digging and ended up calling the CBP (Customs and Border Patrol) and they gave me a direct number for one of the CBP supervisors at the POE in Chicago that me and my wife will be traveling through. He said as long as she has the AP she will be fine, now Im not in anyway dismissing any facts because what Rayb says is actually very true and to the point, so take this with a grain of salt until we return =P. I just needed some more re-assurance that we should be able to do this without any problems.

[jollygraces]

Just throwing this out there, I did some more digging and ended up calling the CBP (Customs and Border Patrol) and they gave me a direct number for one of the CBP supervisors at the POE in Chicago that me and my wife will be traveling through. He said as long as she has the AP she will be fine, now Im not in anyway dismissing any facts because what Rayb says is actually very true and to the point, so take this with a grain of salt until we return =P. I just needed some more re-assurance that we should be able to do this without any problems.

With AP I think she will be fine and allowed to re-enter the US, It is always best she have the GC before going on any trip outside the US, because sometimes some officers at the point of entry will want to cause some unnecessary delay; I guess that is why Rayb said it is risky. I hope she get her GC before the trip.

[helpmylife]

Thanks Jolly, I agree we are hoping by some miracle they will process her GC and we will have it in hand before we leave on the 10th, but its a slim chance. Knowing our luck itll be in the mailbox when we return home! Yes, Rayb is right about the risk and "catch 22" is what concerns me, because technically she was out of status for about 6 days before they acknowledged receipt of our package and she came here and stayed on a B2 Visa. We are hoping all works out without a hitch and we will have her GC soon.

Thanks for the replies!

[Trista]

I am also still waiting for my green card. I filed on April 7, 2015, and my interview was December 3, 2015. So far I have no updates. I travelled back home in September 2015 with my AP/EAD, and my F1 visa was dated for a few months at that time. It didn't seem to matter at all. The custom officer just looked at the first page of my passport (not the visa page) and the AP/EAD.

Hope your wife get the green card soon though!

[shilla2015]

OPT extnesion is going to expire and have not received my combo card yet

My OPT extension is going to expire in June, My I140 has been approved and I have submitted I765 and received the receipt on Feb 8. However I still have not received my EAD / combo card. Can I work, if my OPT ends without combo card? can I apply for another OPT extension with new 24 month rule?


I greatly appreciate your help and guidance.