L1 Visa. Can I return back to US using AP card?

#1
Hi

I am currently outside US. Egyptian National. I understand that only US citizens and GC holders can travel back to US.. while other nationals with visa ( L1A or L2) visa can't travel back at the moment to the US

My AOS application is under way. The EAD/AP card was sent to my address in the US in the last coupe of weeks while I am outside the US and a friend of mine send the card to me overseas.

Can I use the AP card for the first time to travel back to the US? or the executive order prevent that
Thank you
 
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newacct

Well-Known Member
#2
while other nationals with visa ( L1A or L2) visa can't travel back at the moment to the US
This is not true. There are no restrictions on nonimmigrants entering the US right now, as long as you haven't been physically present in Mainland China, Iran, the Schengen Area, the UK, Ireland, or Brazil in the preceding 14 days (which means you cannot transit through one of these countries either), and you are not entering by land from Canada or Mexico.
 

SusieQQQ

Well-Known Member
#4
Hi

I am currently outside US. .,,,
....
My AOS application is under way. The EAD/AP card was sent to my address in the US in the last coupe of weeks while I am outside the US and a friend of mine send the card to me overseas.

Can I use the AP card for the first time to travel back to the US? or the executive order prevent that
Thank you
You weren’t supposed to leave the US before getting your AP card. Was it at least approved before you left? You may be found to have abandoned your AOS.

Other than that, what newacct said.
 

newacct

Well-Known Member
#5
You weren’t supposed to leave the US before getting your AP card. Was it at least approved before you left? You may be found to have abandoned your AOS.

Other than that, what newacct said.
Someone doesn't abandon AOS if they had H1b/H4/L1/L2/K3/K4/V status before leaving and return on the same type of visa. So I believe the OP must return on their L1 visa, not AP. Maybe they should return ASAP as there are rumors that Trump may potentially issue some suspension of entry of work visas soon.
 

SusieQQQ

Well-Known Member
#6
Ah, dual intent, sorry yes you’re right it’s not abandoned.
Someone doesn't abandon AOS if they had H1b/H4/L1/L2/K3/K4/V status before leaving and return on the same type of visa. So I believe the OP must return on their L1 visa, not AP. Maybe they should return ASAP as there are rumors that Trump may potentially issue some suspension of entry of work visas soon.
This copy of a uscis memo on it, point 5, seems to indicate OP can elect whether to use L1 (if still eligible to, so same job etc) or AP. Not sure if it has been superseded by more recent guidance http://myattorneyusa.com/storage/up...n-70-2-8-6-h-l-advance-parole-may-16-2000.pdf
 

newacct

Well-Known Member
#7
Ah, dual intent, sorry yes you’re right it’s not abandoned.


This copy of a uscis memo on it, point 5, seems to indicate OP can elect whether to use L1 (if still eligible to, so same job etc) or AP. Not sure if it has been superseded by more recent guidance http://myattorneyusa.com/storage/up...n-70-2-8-6-h-l-advance-parole-may-16-2000.pdf
I agree that if the AP was granted before the OP left, they can use either L1 visa or AP to enter. But the tricky part here is that (it seems from the description that) the OP was abroad when the AP was approved. If you look at this Q&A, Addendum V (page 16), it describes how if someone had a valid AP when they left, and applied for (but not been granted) a new AP before they left, and the new AP is granted while they are abroad, they must still return during the validity of the old AP and not enter on the new AP that was granted after they left:
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
Although the OP's situation is different (they left on H/L status instead of a previous AP), the same reasoning with respect to the new AP should apply, i.e. they cannot use their new AP to re-enter if it was granted after they left on the current trip; they can only use it on future trips.
 
#8
Thank you Newacct and SusieQQQ for the great reply and clarification, I really appreciate your time and sharing the knowledge :):):)

I understand that I have to go back to the US ASAP and use the L1 visa to enter the US back rather than the AP... unless there is a new Executive Order preventing the use of the L visa

I wonder:
- What is the advantage or disadvantage of using AP vs. L1 Visa?
- When I travel outside the US again in the next months... should I start use the AP when I am back or should I always continue to use L1 visa as long as it is valid?
 
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