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485 approved, gc not yet recd, how to reenter

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  • 485 approved, gc not yet recd, how to reenter

    My wife and I were both on L1A visas. We applied for change of status with concurrent filing of EAD and AP. My wife was the principal applicant.

    My visa expired early November this year. I had filed for an extension. That got approved till 2011 prior to my visa expiry.

    We both travelled to India on a personal emergency on 18th Nov. On 19th Nov, our I-485-s got approved. Our EAD-s and AP-s got declined since the 485 got approved.

    We had the approval notices fed-exed to us in India.

    My wife travelled back a few days back. She did not have a problem boarding the airlines because she had a valid L1. At the POE, they admitted her on the basis of the Welcome notice, I485 approval notice.

    For me, however, the airlines said they need a transportation letter. I contacted the Consulate for one. They say that if someone with a pending application for adjustment of status to LPR departs the United States without receiving advance parole then that application is considered abandoned by DHS.

    How do I travel back to the US? Should I wait for the physical GC to arrive? Is it possible that it will not come because I went out of status (even though the approval notice was sent)?

    Thanks in advance for your help.

  • #2
    Usually you should get AP prior to leaving the country if you have a pending I485 or as they told you at the consulate, you have abandoned your application. Did your letter say a GC is being produced for you, if so, the best bet is to wait for it to travel.

    btw, Did you have an interview?
    Disclaimer:Please bear in mind, my comments are not to be construed as legal advice. These are just my reasonings, based on my personal immigration experience or what I have read. Pay for legal advice or call USCIS to verify my comments.

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    • #3
      Thank you for your response.
      The I797C communication I received said -
      "This is to notify you that your application for permanent residence has been approved. It is with great pleasure that we welcome you to permanent resident status in the United States.
      We will soon mail you a new Permanent Resident Card. You should receive it within the next 3 weeks."

      I got this letter (3 weeks - 2 days) back. My online status still shows "Post Decision Activity" and not "Card Production". I did not receive the GC. I did not receive the card sent for production mail.

      Is it possible that they won't send the card?
      If they do send, can I use it to reenter or can I be stopped at PoE?

      No. I did not have an interview.
      Last edited by GCApplicant; 12-11-2009, 08:31 AM. Reason: missed the last line.

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      • #4
        If I were in your situation I would wait for the card. i dont think your issues abroad will stop production of your card at this time, and thats just my opinion. however, you should always expect to explain your situation and answer questions at POE regardless of you status.
        Disclaimer:Please bear in mind, my comments are not to be construed as legal advice. These are just my reasonings, based on my personal immigration experience or what I have read. Pay for legal advice or call USCIS to verify my comments.

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