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Returning to the US with a different combo card than the one you left the US with

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  • Returning to the US with a different combo card than the one you left the US with

    I have a valid combo card (based on my I-485 application which is still pending) that is expiring in a few months. I am planning to travel outside the US and may have to stay there beyond my current combo card expiration date.
    I have already applied to renew my combo card, which is still in process.
    If I leave the US with my current combo card, and my new card is issued while I am staying outside the US and a friend brings me the new card to me, can I return the US with the new combo card?
    So in short, can I return to the US with a combo card other than the one I used to leave the US with?
    Thanks

  • #2
    My understanding is that if you have a pending AP application/renewal and travel internationally, and your current AP is expired, or expires while you are outside of the US, not just your pending I-131 application but your entire green card application is forfeited. I would strongly recommend against traveling abroad unless your AP card will be valid both when you leave, and plan to return to the US.

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    • #3
      There is some information that suggests that you can't return after the expiration of the AP you left with, using a different AP that was not yet approved when you left. See this archive of the April 2, 2008 USCIS – AILA Liaison Committee Agenda, Addendum V (on page 16):
      USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        I asked my immigration attorney about this and she gave it a hard NO.

        She also mentioned that in the past (like when she first began her immigration law career), USCIS was much more lenient about this. This is not the case now and given the state of electronic records, they will know exactly when you departed.

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        • #5
          Originally posted by newacct View Post
          There is some information that suggests that you can't return after the expiration of the AP you left with, using a different AP that was not yet approved when you left. See this archive of the April 2, 2008 USCIS – AILA Liaison Committee Agenda, Addendum V (on page 16):
          Rather than a 'suggestion', I'd say that emphatically says don't do it.

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