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Thread: 485 pending, travel with EAD/AP card

      
  1. #1

    485 pending, travel with EAD/AP card

    I have applied for I- 485 based on marriage. I've taken the interview but my case is pending due to priority date not being current. My PD is April 2010, and the current priority date is Feb 2010. I have plans to travel out of the country in October 2012. Is it safe to come back with EAD/AP combo card? If, however, my PD becomes current in Sep, how long would it take to get my GC? Please advise.

    Thanks in advance!!!

  2. #2
    I assume you applied based on marriage to a permanent resident?

    Did you ever work illegally or overstay before filing the I-485? Were you outside the US anytime between the I-131 was filed and when the AP was approved? Have you ever been arrested or convicted of a crime?

    If NO to these 3 questions, it should be safe to reenter with the AP, unless there is some other issue you haven't mentioned. If anything is Yes, please provide specific information.
    Last edited by Jackolantern; 6th July 2012 at 02:03 PM.
    PD: Jan 2003 (EB3 rest of world)
    I-485 Approved: July 2007

    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

  3. #3
    Thanks for your reply. The answers to all your below questions are NO.
    My real concern is - If the green card is issued and mailed to me while I'm out of the country, is it fine to reenter with AP only or should I wait till I physically get my GC before I travel?



    Quote Originally Posted by Jackolantern View Post
    I assume you applied based on marriage to a permanent resident?

    Did you ever work illegally or overstay before filing the I-485? Were you outside the US anytime between the I-131 was filed and when the AP was approved? Have you ever been arrested or convicted of a crime?

    If NO to these 3 questions, it should be safe to reenter with the AP, unless there is some other issue you haven't mentioned. If anything is Yes, please provide specific information.

  4. #4
    It's not a problem to enter with AP if your GC is approved while you're outside the US, or if your GC is approved shortly before you leave the US.

    Just mention that you found out that your GC has approved, and they'll look up your details in the system and process you accordingly.
    PD: Jan 2003 (EB3 rest of world)
    I-485 Approved: July 2007

    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

  5. #5
    Thank you very much! Now I can travel in peace! Thanks!!

    Quote Originally Posted by Jackolantern View Post
    It's not a problem to enter with AP if your GC is approved while you're outside the US, or if your GC is approved shortly before you leave the US.

    Just mention that you found out that your GC has approved, and they'll look up your details in the system and process you accordingly.

  6. #6
    Be aware that entering with AP means you will be automatically sent to the secondary inspection room, which could result in a wait of 1 or 2 hours if there are many other people in the room.

    So if you have a connecting flight after arriving with AP, make sure the next flight is more than 2 hours later so you can still make it if you get delayed in secondary inspection.
    PD: Jan 2003 (EB3 rest of world)
    I-485 Approved: July 2007

    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

  7. #7
    Good to know. I probably will book the direct, non-stop flight. Thank you and have a good weekend!

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