Travel right after GC interview?

P

princesskate

Registered Users (C)
Two days ago I just posted a question for my friend regarding his planned travel in January:
Can my friend travel out of the U.S.?

Today the situation changed. He received the interview letter which asked him to show up in late-January. He planned to travel out of the country once the interview is done, and here are the questions that he is having:

On the interview letter, he's asked to bring AP and I-94, so if:

1. the interview is approved and name check is cleared:
Q: USCIS would take his AP and I-94, so can he still travel? Would USCIS stamp I-551 on his passport right away?

2. the interview is approved but name check is pending:
Q: Would USCIS take his AP and I-94? Can he still travel with the AP?

3. the interview is denied (I personally think it's impossible since his case is US parent sponsoring alien child, I don't see them having a fake parent-child relationship 'coz they just look identical to me LOL)
Q: Can he travel with his AP?

Thanks :)
 
1.- USCIS would take APs, EADs and I-94s, he can request the I-551 stamp if he can show the urgency of the trip (maybe even the boarding passes) they may let him keep the AP, but it is all at the discretion of the officer.

2.- USCIS would not take the AP, they may take the I-94, but he doesn't really need it anymore anyways. He can travel with the AP.

3.- Is not going to happen, but if denied, he is out of status and must leave and can not return with AP. Since the AOS would be denied, also would be all of the benefits (AP, EAD)
 
PraetorianXI said:
1.- USCIS would take APs, EADs and I-94s, he can request the I-551 stamp if he can show the urgency of the trip (maybe even the boarding passes) they may let him keep the AP, but it is all at the discretion of the officer.
Click to expand...

Is I-551 stamp done (if the officer agrees to do) right in the interview by the officer?
He said USCIS gave him 2 copies of AP. Can he return one and keep the other one for travel purposes?
 
After the I-485 is approved you can't travel on AP even if AP stays in his hands. So he needs the I-551 stamp. The IO should give him at the interview if he flies in couple of days after the Interview, he needs to explain the situation. .
 
Most officers do NOT have the I-551 stamp, in most cases he will get it from another officer or ask you to make an infopass appointment for such thing. Some District Offices simply refuse to give them.

About the AP, if asked for it, you must surrender BOTH copies. No cheating.
 
That means he would have a risk that he may not be able to travel because of NO AP and NO I-551 STAMP? Oh shoot...

But is this risk very likely to happen? He has the travel dates all set. Is there any better way of handling this other than changing the travel dates?

One more Q: once the officer approves his I-485 during the interview, are his EAD & AP voided immediately? What if the officer doesn't approve his I-485 right away (for example pending name check) until he travels out of the country?? :eek:
 
princesskate said:
That means he would have a risk that he may not be able to travel because of NO AP and NO I-551 STAMP? Oh shoot...

But is this risk very likely to happen? He has the travel dates all set. Is there any better way of handling this other than changing the travel dates?

One more Q: once the officer approves his I-485 during the interview, are his EAD & AP voided immediately? What if the officer doesn't approve his I-485 right away (for example pending name check) until he travels out of the country?? :eek:
Click to expand...


If he travels without an AP and his I-485 is pending, then it is considered an abandonment.... in short, he is screwed, so are you...:cool:

If his travel dates are set, then I am sorry to inform you, there is a denial stamp set in an immigration officer's desk awaiting his forms, which will be considered abandonment...:rolleyes: The minute he boards the plane, turns in his I-94, then USCIS once they received the I-94, will move swiftly to deny the petition and force you into a legal arena too complicated and laden with explosive which are goinf to destroy your marriage and life..:)
 
There is a risk, but if you show the officer (either the one who interviews you or the one you see through an infopass) the tickets and everything you should get the i-551 stamp.
 
Al Southner said:
If he travels without an AP and his I-485 is pending, then it is considered an abandonment.... in short, he is screwed, so are you...:cool:

If his travel dates are set, then I am sorry to inform you, there is a denial stamp set in an immigration officer's desk awaiting his forms, which will be considered abandonment...:rolleyes: The minute he boards the plane, turns in his I-94, then USCIS once they received the I-94, will move swiftly to deny the petition and force you into a legal arena too complicated and laden with explosive which are goinf to destroy your marriage and life..:)
Click to expand...

Please read the whole thread before making suggestions.

I'm asking questions for my friend, not my husband. He is applying GC based on USC parent sponsoring unmarried child, not USC spouse sponoring alien spouse.
 
Why does he want to re-enter using AP anyway if he's on H-1B? Is he not planning to work for the same employer and/or not planning to get a H-1B visa stamp?

Some DO's routinely give I-551 stamps, some don't. Mine did. The stamp was right there on the IO's desk and the IO said it is his policy to not let people leave the interview after an approval without documentation.

Although I'm not 100% certain, I would think in the case of pending name check or denial of the AOS application, your friend can get an H-1B visa stamp to re-enter the country in H-1B status. Neither the name check nor denial of AOS has an effect on his H-1B status or eligibility. My understanding is that the only administrative action on behalf of USCIS that causes his H-1B status to cease to exist is the approval of the I-485.
 
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