AP re-entry

C

cajrovd

Registered Users (C)
Has anyone had any experiences with the following situation:
1. Have AP.
2. Don't have EAD.
3. Attempting to re-enter the U.S.
4. On a TN visa (or other non-immigrant visa).

Due to "dual-intent" would I encounter problems at the border since my TN is not an immigrant visa, but am AOS'ing (as a derivative status under wife)?

What kind of paperwork would I need to show?

Thanks for any input, suggestions, or personal experiences!

CAJROVD :D
 
I believe that you have to show your AP.

If you have H-1B/H-4/L-1/L-2 as the "other non-immigrant visa", you may enter on this, too, provided that you show them your I-485 receipt. And also you may continue to work on those visas.

You may not enter on TN visa or in any other non-immigrant category because your permanent residency application was already filed. If you are planning to work, you better get an EAD soon.
 
Last edited by a moderator:
AP doesn't require any additional documents for entry to the US. It would be good to have a copy of your primary applicants 485 copy + EVL + marriage certificate to proove legality!
 
I don't think you will have problem coming back with AP, but if you have H visa without EAD, you won't be able to work.

Once you have used your AP, you lose all your visa status, then have to be able to work, even for the very same company, on a EAD, since you don't have it now, and it takes almost a year to get it, try to imagine what you are going to do.
 
Originally posted by silky
I don't think you will have problem coming back with AP, but if you have H visa without EAD, you won't be able to work.

Once you have used your AP, you lose all your visa status, then have to be able to work, even for the very same company, on a EAD, since you don't have it now, and it takes almost a year to get it, try to imagine what you are going to do.
Click to expand...

That is outdated information. Although most lawyers push their clients into getting EADs just for the sake of entering on AP, it is no longer entirely true.

Please, follow this link to get more information on the subject:

http://www.usvisanews.com/memo985.html

Specifically...

4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization?

A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization... is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H- I or L-1 employer between the date of his or her parole and the date to be specified in the final rule.

I have not seen any "final rules" they mention in the memo, although I have spent a couple of days searching for it. So, the only thing left is to assume that there is no final rule yet and this is the latest information on the subject.
 
Thanks for all the info!

So to clarify:

1. If I attempt to re-enter using AP without EAD during AOS, my TN (or any other "non-immigrant" visa for that matter) becomes invalid and I can't work?

2. Is this the case even though I'm filing as derivative status under my wife's approved I-360 (religious worker) or is this inconsequential?
 
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