I have a Travel related Question - Need Advice!

A

Andy_NJ

Registered Users (C)
I have to travel out of the country next month and I will be using the AP. Just in case if I get the 485 approved before I leave and don't get an Infopass appointment for the PP stamping at Newark (gathered from the forum that it takes time to get the appointment!). Can I still travel and use the AP while re-entering the US?
Suggestions and advice will be really appreciated!
Cheers!
 
Pralay thanks for directing me to the right posting, I really appreciate it.

According UN - 2) if you left the country after 485 got approved but before you did passport stamping then you did not violate the terms of the 485. You are a legal resident. If upon re-entry into USA, the POE checks your advance parole or h and sees that you were already approved, they don't have much of a choice but to let you in, since you are a permanent resident on the date of approval and you were in USA at that time.

My worry is - "they don't have much of a choice" but can they harass you at the POE. Anybody who has experienced this, please share it with us.

UN in case you are reading this - please throw some more light, so that I can travel worry free.

Cheers!
 
Andy_NJ said:
My worry is - "they don't have much of a choice" but can they harass you at the POE. Anybody who has experienced this, please share it with us.
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I tend to agree with UN. My personal opinion is that if you have AP and not able to obtain infopass appointment before your travel date, CBP should let you in. In the worst case, CBP will do secondary checking and ask why you did not stamp your passport before leaving. In fact nowdays many cases USCIS doesn't even call for passport stamping after I-485 approval. Instead, they directly send the plastic green card (which normally arrives after 1-2 months of approval date).
But on the other side, there are immigration lawyers who don't recommand to leave USA without stamping.
So I guess, you have to weigh your decision based on mental comfort to travel without stamping and urgency of your travel.

"Harass" is strong word and most of the POE officers never do that to person who is legal resident, did not abandon PR status and eligible for re-entry. Obviously there are bad apples. But those bad apples can harass even if you have plastic green card. Should you stop travelling abroad due to those people?
 
from unitednations's post

"if you left the country after 485 got approved but before you did passport stamping then you did not violate the terms of the 485. You are a legal resident. If upon re-entry into USA, the POE checks your advance parole or h and sees that you were already approved, they don't have much of a choice but to let you in, since you are a permanent resident on the date of approval and you were in USA at that time."

what if the POE officer finds out when you're trying to leave? let's say you got the 485 approval a few days before the trip and there is nothing you can do to get the plastic card/passport stamped in time?
 
I would check with an immigration lawyer. when my spouses 1-485 was approved she recommended get the stamp before leaving the country.

i personally feel if you get approved get your passport stamped. be safe.no point in leaving the country without a passport stamped. we have anyway waited so many years anyway.

if its a personal tourist trip not a big deal. change the dates. it cost 200 bucks to change an international trip. no big deal. hotels can anyway be cancelled till the last day with no charge or minimal charge.why do you want to take a chance. business trip let the employer know.

rest of the forum advisors can look at the different permutations. the bottom line is there is no clear INS law which states you can do it. so you are at the discretion of the immigration officer.

ANY GOOD LAWYER WILL SUGGEST YOU PLAY IT SAFE.

now you are out of the country and your I-485 is approved ya you can always come back with AP RIGHT AWAY. you anyway have a ten day lag between email message and actual INS approval letter. This is just how i look at it.
 
mhb said:
now you are out of the country and your I-485 is approved ya you can always come back with AP RIGHT AWAY.
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Actually, technically there is no difference between using AP while approved abroad and using AP while approved in USA (leaving USA immediately after I-485 approval). There is no condition that says AP is valid if I-485 approved abroad and not valid if I-485 approved in USA. If CBP is aware of person I-485 status, the person may be subject to secondary/diferred inspection - in both cases. Person departure date or immigration status at the time of departure is irrelevent here.
 
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Gang!
It seems that I can travel without the stamping and when I re-enter I just use the AP. Thanks for the input... and I am feeling much better now.

mhb - I can't change the travel date! if I could, I obviously would have played it safe.

But I would still love to hear from a person - who re-entered the US in a similar situation and how was his expereince at the POE.

Cheers!
 
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