GC approved, can I travel before the passport is stamped?

L

lztx

Registered Users (C)
Really sticky situation, now my GC is approved, and earliest stamp date available is Apr.21st. But I already scheduled an international travel next week, I heard that once GC is approved, all advance parol and H1 are invalid automaticlly, what other option do I have, anybody knows?

ND: May 2002
FP: Oct 2004
AD: Apr.7 2005
 
lztx said:
Really sticky situation, now my GC is approved, and earliest stamp date available is Apr.21st. But I already scheduled an international travel next week, I heard that once GC is approved, all advance parol and H1 are invalid automaticlly, what other option do I have, anybody knows?

ND: May 2002
FP: Oct 2004
AD: Apr.7 2005
Click to expand...

Try walk-in to your local office for passport stamping.
 
You are not permitted to travel outside the country just on the basis of an approval notice. If you look closely at your approval notice it says at the bottom "This form is not a visa, nor may it be used in place of a visa". You have to have a valid stamp of approval in your passport or else it would be assumed that you have abandoned your application for permanent residence!! Also any advance parole or Hi visas are now no longer valid since your 485 has been approved. If I were you I would postpone my trip by a few days rather than jeopardize the entire process.
 
My two cents ..

Guys,

I do not have a lot of experience but this rule seems odd. What if your pending 485 is approved out of the blue while you are traveling outside the US on your valid H1. What happens then? I have researched this a bit and found a few threads where they mention that if the 485 is approved while you are traveling outside the US you will be permitted to enter on either your AP or your valid H1 visa.

I think the best way is to consult a lawyer about this.

saras
 
SARAS76,
If you are out of the country at the time the 485 is approved then you may return using your valid advance parole/H1 visa or any valid visa. However, if you are in the US at the time the 485 is approved and you leave prior to getting the stamp in your passport then you are considered to have abandoned your application for such adjustment and any travel documents in your possession become invalid for re-entry.
 
Thanks

arcdocs,

That is good to know but this is just another stupid rule that we have to suffer through. I am travelling next week and hope that I do not get approved before then.

How does the USCIS keep track of all this? Here are a few questions that come to mind -

1. People have received 485 approval emails at odd times. What if my flight is at 11 PM on a given day and the approval email is sent to me at 10:45 PM that day? Am I expected to check my email every minute till I board the flight and if I happen to check it before I board the plane then I just abandon my flight?

2. What if the email arrives at 10:45 PM but I do not have the means to check it and leave on the 11 PM flight. When I come back to the US will they reject my GC?

I am not trying to be funny here. I am just amazed at how stupid and archaic these rules are.

I guess the safest thing to do is to not plan any trips till the 485 is approved. But what if it takes another year .... truly frustrating.

saras
 
Last edited by a moderator:
Saras76,
I agree with you that these rules are too stupid. However, most officers at the port of entry will give you some leeway. It is not when you get the email but the date that you actually receive the approval notice in the mail that matters. Obviously, if we are talking about a couple of days here and there then it is impossible for the officer to prove that you did indeed receive the notice prior to your departure (the physical approval notice in your mailbox). However if the notice is dated weeks earlier to the departure date stamped in your passport then you will have a more difficult time.
 
Thanks for all the information. I think I will play on the safe side, since I waited 5 yrs for this little approvel letter...
 
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