Any risk to travel internationally while waiting for GC interview decision?

[smilezz]

Hi all,

We just had our green card interview early last week, and it went well per my knowledge. However, our local office does not approve on spot any more, so we had to wait for their decisions. We are about to take an 2.5 wks international trip in two weeks, and it is possible that we will get our AOS decision during our trip. So my question is, would there be any risk/impact if I leave the country with A/P, but we get the decision during the trip? Since in that case, I wouldn't be able to present GC (assume I will get one) when I re-enter the country.

In addition, the purpose of the trip is just visiting family instead of some urgent matters, would that be an issue to use A/P?

Also, I still maintain my F-1 student visa, would that make a difference? I somehow got the impression that once I left the country, I will automatically lose my F-1 status, but I just want to make sure that if there is any possibility that I could still benefit through my student identity.

Thanks in advance.

[NettieL]

Hi all,

We just had our green card interview early last week, and it went well per my knowledge. However, our local office does not approve on spot any more, so we had to wait for their decisions. We are about to take an 2.5 wks international trip in two weeks, and it is possible that we will get our AOS decision during our trip. So my question is, would there be any risk/impact if I leave the country with A/P, but we get the decision during the trip? Since in that case, I wouldn't be able to present GC (assume I will get one) when I re-enter the country.

In addition, the purpose of the trip is just visiting family instead of some urgent matters, would that be an issue to use A/P?

Thanks in advance.

It is up to you what risks you want to take but I personally wouldn't travel outside the US until I am sure the GC has been approved, especially with AOS.

[a1be]

Agree: Don't Travel While Waiting for AOS

I agree, don't travel while waiting for AOS. If you are on AP then you will be questioned at the border when you attempt to be admitted back into the country. Plus, with the new vetting procedures that are being applied to all employment based cases, as well as family members of asylees, I would expect that the same vetting procedures will apply to people re-entering while waiting for AOS.

It is up to you what risks you want to take but I personally wouldn't travel outside the US until I am sure the GC has been approved, especially with AOS.

[Walbrzyszanka21]

I agree, don't travel while waiting for AOS. If you are on AP then you will be questioned at the border when you attempt to be admitted back into the country. Plus, with the new vetting procedures that are being applied to all employment based cases, as well as family members of asylees, I would expect that the same vetting procedures will apply to people re-entering while waiting for AOS.

Plus Trump will have to make a decision on whether to keep DACA and AP (I believe these two are connected) or end it since he is being pressed by 10 attorney generals to end it or otherwise he will be sued. Decision has to be made by 9/5. So I would definitely not risk it.

[a1be]

DACA and AP not connected

I am not a lawyer, but I'm almost 100% certain DACA and AP are not connected, in the sense that many people have AP and nothing to do with DACA. The DACA decision won't change AP.

I also don't expect that the administration would change the rules on AP.

My advice is based solely on the fact that when you leave and come back into the country on AP, it will result in your being stopped at the border and questioned. You are not guaranteed entry on AP, and risk being denied. You can travel, but be prepared for a long wait at the border and the possibility that you won't reenter.

Plus Trump will have to make a decision on whether to keep DACA and AP (I believe these two are connected) or end it since he is being pressed by 10 attorney generals to end it or otherwise he will be sued. Decision has to be made by 9/5. So I would definitely not risk it.

[Walbrzyszanka21]

I am not a lawyer, but I'm almost 100% certain DACA and AP are not connected, in the sense that many people have AP and nothing to do with DACA. The DACA decision won't change AP.

I also don't expect that the administration would change the rules on AP.

My advice is based solely on the fact that when you leave and come back into the country on AP, it will result in your being stopped at the border and questioned. You are not guaranteed entry on AP, and risk being denied. You can travel, but be prepared for a long wait at the border and the possibility that you won't reenter.

That may be true but still it is not recommended to leave the country.

[smilezz]

Thanks for everyone's prompt reply. I didn't expect that there could be so much risks that I even didn't think about before.

I still maintain my F-1 student visa, would that make a difference? I somehow got the impression that once I left the country, I will automatically lose my F-1 status, but I just want to make sure that if there is any possibility that I could still benefit through my student identity.

[a1be]

AP not F-1

From your original post it sounds like you have advanced parole (do you have an AP card or a combined EAD/AP card?). If so, then you are on advanced parole and no longer F-1. You will re enter the country as AP, and that is not guaranteed, nor will it be a fast process. You will surrender your documents and have to be admitted into the country.

Unless you need to, don't leave. They will even tell you that when you come back in. AP does NOT mean free to travel without concern. Quite the opposite. You're more at risk coming in on AP some you are inspected every time. Plus, it's a hassle to wait for 1-2 hours.

Thanks for everyone's prompt reply. I didn't expect that there could be so much risks that I even didn't think about before.

I still maintain my F-1 student visa, would that make a difference? I somehow got the impression that once I left the country, I will automatically lose my F-1 status, but I just want to make sure that if there is any possibility that I could still benefit through my student identity.

[smilezz]

From your original post it sounds like you have advanced parole (do you have an AP card or a combined EAD/AP card?). If so, then you are on advanced parole and no longer F-1. You will re enter the country as AP, and that is not guaranteed, nor will it be a fast process. You will surrender your documents and have to be admitted into the country.

Unless you need to, don't leave. They will even tell you that when you come back in. AP does NOT mean free to travel without concern. Quite the opposite. You're more at risk coming in on AP some you are inspected every time. Plus, it's a hassle to wait for 1-2 hours.

Hi, Sorry for the confusion. I have both AP and F-1. My attorney told me that as long as my F-1 is still current (which it is), I could use that to enter. But for some reason, I got the impression that once I left US, my immigration status will forfeit automatically.

The main purpose for the trip is because we are going to have a big wedding party there. And since my parents have already paid everything and informed a tons of guests, we would prefer not to cancel the trip. But if it is really quite risky, I guess I could discuss with my parents about the possibilities.

[scientist2016]

Hi, Sorry for the confusion. I have both AP and F-1. My attorney told me that as long as my F-1 is still current (which it is), I could use that to enter. But for some reason, I got the impression that once I left US, my immigration status will forfeit automatically.

The main purpose for the trip is because we are going to have a big wedding party there. And since my parents have already paid everything and informed a tons of guests, we would prefer not to cancel the trip. But if it is really quite risky, I guess I could discuss with my parents about the possibilities.

You will remain on F1 until you choose to use your EAD/AP card. Hence, your attorney is right.
Regarding travel: If your F1 visa stamp is valid, you can choose to re-enter back on F1. Travelling on AP is also OK. As mentioned above you will be taken to secondary screening. But that has been standard practice for AP for some time now, and nothing new. Also, it is merely a check. Entry into the US on any visa/green card, is always at the discretion of the CBP officer. So you can always be denied entry. However, if your record is clean, chances of that happening are minimal, whether you use your F1 or AP.
Travel on AP can be for any reason, and does not need any emergency.

[a1be]

F-1 Until AP

I was told specifically by an officer at a point of entry that people should not use AP for regular travel and that the circumstances should be urgent.

Also, what happens if you enter on the F-1 but the adjustment of status had been approved? Doesn't that invalidate the green card?

You will remain on F1 until you choose to use your EAD/AP card. Hence, your attorney is right.
Regarding travel: If your F1 visa stamp is valid, you can choose to re-enter back on F1. Travelling on AP is also OK. As mentioned above you will be taken to secondary screening. But that has been standard practice for AP for some time now, and nothing new. Also, it is merely a check. Entry into the US on any visa/green card, is always at the discretion of the CBP officer. So you can always be denied entry. However, if your record is clean, chances of that happening are minimal, whether you use your F1 or AP.
Travel on AP can be for any reason, and does not need any emergency.

[azblk]

I was told specifically by an officer at a point of entry that people should not use AP for regular travel and that the circumstances should be urgent.

Also, what happens if you enter on the F-1 but the adjustment of status had been approved? Doesn't that invalidate the green card?

There is opinions and then there is policies. What that officer offered was clearly an opinion and not a policy. You can travel on valid AP for whatever reason - does not have to be an emergency or urgent. Also You can not enter on F-1 after your AOS is approved, as you are no longer in F-1 status at the moment you AOS is approved and when your record is pulled at POE it will show you are now a permanent resident.

[newacct]

You will remain on F1 until you choose to use your EAD/AP card.

Well, one ceases to have status when one leaves the US. When one enters the US, what status they get depends on the document they use; with an F1 visa one goes into F1 status; with an AP one is a parolee with no status.

Regarding travel: If your F1 visa stamp is valid, you can choose to re-enter back on F1.

No they can't. AOS will be considered abandoned unless the person 1) leaves on AP and re-enters on that same AP, or 2) has H1/H4/L1/L2/K3/K4/V status when they left and return on that same type of visa. The latter doesn't apply to the OP, so they must re-enter on AP in order to not abandon their AOS.

[scientist2016]

Well, one ceases to have status when one leaves the US. When one enters the US, what status they get depends on the document they use; with an F1 visa one goes into F1 status; with an AP one is a parolee with no status.


No they can't. AOS will be considered abandoned unless the person 1) leaves on AP and re-enters on that same AP, or 2) has H1/H4/L1/L2/K3/K4/V status when they left and return on that same type of visa. The latter doesn't apply to the OP, so they must re-enter on AP in order to not abandon their AOS.

That is right. My earlier comment regarding choice of visa type during re-entry is for H/L visa types, not F1.

[a1be]

Prevailing practice

No, actually, it wasn't just opinion. Like "I'm a border officer having a bad day, I think I'll just provide my opinion." When the officer made the statement, I engaged in a conversation to understand the comment, and also understand what the practice is. She confirmed that it is practice to discourage non-essential travel while on AP. And I confirmed it with a different officer at a different time/date I crossed (I confirmed it in a way that wasn't a leading question, so the answer was given).

Both times when I got processed, there were NOT a lot of people waiting to be processed, and yet my case took more than an hour. I do not have any issues at all, and have crossed the border thousands of times (yes, really, thousands). I presume that there is a fairly extensive process that must be followed when CBP admits someone under AP, which is probably why the prevailing practice is to discourage it for non-urgent reasons.

So sure, go ahead and travel, make certain you have the correct documents. (Note: Do you see how the OP thought he/she could reenter under F-1? What would have happened to him/her if she left and didn't have the right documents, or was admitted incorrectly on F-1? Now, if they missed that fact, what else might they be missing...?) Many many people travel on AP and don't have any issues. Just be aware AP is not a guarantee of return. After having done it twice and having to wait for so long, and have both officers tell me it's discouraged to travel on AP for non-urgent reasons, I wouldn't do it again myself.

There is opinions and then there is policies. What that officer offered was clearly an opinion and not a policy. You can travel on valid AP for whatever reason - does not have to be an emergency or urgent. Also You can not enter on F-1 after your AOS is approved, as you are no longer in F-1 status at the moment you AOS is approved and when your record is pulled at POE it will show you are now a permanent resident.