EAD and I-131 Question.

N

nonseca

Registered Users (C)
Hello everyone,

I have two questions regarding to EAD and Advance Parole.

1-
on October 25th I submitted renewal for my EAD and this going to be my third EAD. After a week I got 797 Notice of Action that states application has received and USCIS will schedule and fingerprint appointment.

It is almost 45 days and I did not receive fingerprint appointment. Last week i received and online notification that states "Card Production Ordered" it says that i will receive my EAD card in 30 days. My question is; Without fingerprint appointment is it possible to receive EAD card? or Should I contract with USCIS regarding to this?

My second question is about I-131;

Two months ago i received my second Advance Parole, I never used the first one but I am planning to use this one, i want to visit my family. I do not have green card yet it is almost two years and my case is still Pending. DO I have to get my passport stamped in order to use Advance Parole to travel overseas?

Thank you very much for the information.
 
In regards to question one. You can be approved for an EAD without fingerprints in certain situations. When my wife was a student and applying for OPT, she was not required to be fingerprinted. If you where fingerprinted within the last 15 months, then those are still valid.

On question 2 (and someone correct me if I am wrong) the AP papers are a travel document. When entering the US you would provided that to CBP at the port-of-entry. They may also ask to see your passport.
 
keep in mind, while you are in AOS now and I assume you entered US last time being "admitted", this time you will be "paroled" after coming back to the US.

if your case is pending for the long time and there are some sort of chances you will get denied, you have more legal and civil rights being "admitted" the first time than simply being "paroled" when coming back from your trip.

I am not an expert and I never got into the details, but thats what I heard from three different attorneys, at least in my case -- marriage based 130, 485.
 
JackDan,

I am little bit confused about being "admitted" and "paroled" . My case is marriage based.


Thank you very much for the information.
I appreciate that.
 
Before we were going to apply, I presented the question to several lawyers online on when the non-immigrant status is terminated. In terms of leaving the US under advance parole and returning seemed to be under a iffy situation according to the responses I was getting. I was also getting conflicting responses on if a person who comes back on AP would be placed under the non-immigrant status they left with for the remainder of the processing time or if they would be in a sit and wait type status, unable to work without an EAD.

My best advance is unless you must travel internationally is not to use the AP. The processing time of the I485 is a lot shorter now then it been years before, so that in most offices you would receive the AP at the same time or around the time you receive your interview letter.
 
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