Travel outside country while EAD renewal is pending

[cantwait4gc]

My current EAD & AP expire in May'08.I need to travel in Feb for a month using AP.I am planning to apply for EAD renewal before leaving.Will this be an issue?.Can i travel when EAD renewal is pending?.Will this be considered as an abandonment of 485 application?.

 

[jk0274]

I am planning to apply for EAD renewal before leaving.Will this be an issue?.

Well, you have just introduced the issue, which is about travelling abroad while a I-765 application is pending.

Can i travel when EAD renewal is pending?

Absolutely, a lot of people seem to misunderstand that the EAD is exactly what it is: an Employment Authorization Document. It has nothing to do with travel and you do not need it (nor are you permitted to use it) to reenter the United States as a parolee.

Will this be considered as an abandonment of 485 application?.

No, again the purpose of the EAD is to enable you to work in the US. It is not related to travelling. Applying for a new EAD is an optional benefit of your Adjustment of Status process, and leaving the country while it is pending has nothing to do with abandonment of your I-485 application. The only thing you need in order to NOT be considered as having abandoned your application is an approved Advanced Parole document.

 

[cantwait4gc]

Well, you have just introduced the issue, which is about travelling abroad while a I-765 application is pending.

Thanks for your response.I am confused here..here you seem to suggest that there will be an issue..but below you said no issue of pending EAD..Could you please clarify?

Absolutely, a lot of people seem to misunderstand that the EAD is exactly what it is: an Employment Authorization Document. It has nothing to do with travel and you do not need it (nor are you permitted to use it) to reenter the United States as a parolee.



No, again the purpose of the EAD is to enable you to work in the US. It is not related to travelling. Applying for a new EAD is an optional benefit of your Adjustment of Status process, and leaving the country while it is pending has nothing to do with abandonment of your I-485 application. The only thing you need in order to NOT be considered as having abandoned your application is an approved Advanced Parole document.

 

[jk0274]

but below you said no issue of pending EAD.

No I didn't; this whole thread is about the issue of traveling with a pending EAD, right? The word 'issue' means "topic", or "matter of discussion", so I'm just saying that you introduced the issue by posting to this forum. Now I'm confused by your confusion.....

 

[ziv711]

What about pending AP?

Using this thread to ask a related question:

What about a pending A/P? Say I currently ahve an AP document that expires in May, and would like to travel in February - March, so I would be able to re-enter with my current AP.

But if I apply now for a new AP (which would take at least 3 months), would that application be invalidated because of my travel? i.e. would I have to reapply once I get back?

Thanks.

 

[jk0274]

Using this thread to ask a related question:

What about a pending A/P? Say I currently ahve an AP document that expires in May, and would like to travel in February - March, so I would be able to re-enter with my current AP.

But if I apply now for a new AP (which would take at least 3 months), would that application be invalidated because of my travel? i.e. would I have to reapply once I get back?

Thanks.

I had a similar question in the past and got the same response from multiple sources (including an immigration lawyer): No, a pending I-131 will not affect an existing valid AP document so long as you travel and come back before the existing one expires. If the new one is approved while you are still abroad, you must still return to the US before the expiration date of the document you possessed before you left the US (i.e. the older one). But there is no worry that submitting a new I-131 for a future AP document will affect or invalidate an existing document. Hope this answers your question.

 

[ziv711]

I had a similar question in the past and got the same response from multiple sources (including an immigration lawyer): No, a pending I-131 will not affect an existing valid AP document so long as you travel and come back before the existing one expires. If the new one is approved while you are still abroad, you must still return to the US before the expiration date of the document you possessed before you left the US (i.e. the older one). But there is no worry that submitting a new I-131 for a future AP document will affect or invalidate an existing document. Hope this answers your question.

Thanks, JK.

I completely understand that the current advance parole is valid for use even if I apply and a 2nd one is approved. But the instructions to the AP application say that departure from the US means the application for the 2nd AP is abandoned. According to this, say I apply for a 2nd AP today, I get a receipt etc., then I travel say next week using the 1st AP which is still valid and come back with it, before the 2nd one is approved. Would the application for the 2nd AP be abandoned?

In that case - when I get back I would have to re-apply because the application I submitted before my travel is supposedly abandoned upon my departure.

This doesn't make sense, and I think there shouldn't be a problem - but as we all know sense is not the USCIS's strong point...

 

[jk0274]

The section in the Instructions for Form I-131 that you are referring to is in regards to somebody who does not already have a valid Advanced Parole document and who leaves the country before a pending I-131 is approved. In your case, you will not have grounds for dismissal of your application since you lawfully exited and entered the country on a valid existing Advanced Parole document. Since the very purpose of your AP is to enable you to return to the US 'to resume processing of your adjustment application' (which also implies related benefits such as I-765 and I-131), your second I-131 application should not be denied, and you have a sound legal basis for arguing about this with USCIS should they give you any trouble. However, I have not come across anybody with this situation per se in the past, and perhaps you ought to get feedback from others as well.

 

[GHEBAUER]

Hi ,

jk0274 is right on this , but just make sure , that if you receive any RFEs on your applications while you are away , you must be in contact with somebody here in US , so you can responde properly to them , so doen't affect your cases ( more delays , denials ...etc. ) . Just be on top of your cases all time and return before the current AP expire !!!
All best wishes and enjoy the trip !!!!