dnicolel

We had an interesting experience at Chicago O'hare flying to Barbados last week. We are currently in Barbados and plan on returning on Sunday the 17th. We are a little concerned about immigration upon our return to the US.

We flew out of O'hare and upon checking in and getting our boarding passes the airline staff asked a couple of times about my husband (UK citizen) not having an I-94. They called immigration and when they came back they asked him to fill out a form that looked like the bottom part of an I-94 which they kept.

Note: When we went for our interview in Milwaukee, they took the I-94 off of him and told him that he didn't need it and when the EAD came that would be enough. We did show them the EAD at O'Hare but they didn't seem interested or have an understanding as to the relationship of the EAD to the I-94.

We thought it was strange that airline staff would be questioning anything about my husband leaving the US with a British passport. We weren't delayed very long but it was enough to make us a little weary about our upcoming return flight.

Can anyone offer any information as to why the airline staff was questioning the lack of an I-94 in the passport and what we can expect on the way home.

Manc

Has your husband

1 a green card?
2 I-551 stamp in his passport?
3 Advanced parole?

AlanR

I thought that a Conditional Permanent resident has a 2-year Green Card, rather than a EAD It's this that the airport staff have familiarity with. If you are in AOS you'd need the advanced parole form to get back into the US - and it's getting back to the US that's the problem; not leaving

HunterGreen

I really hope the OP comes back and tells us if he is really a permanent resident or not... and if not if he has advance parole. All the talk about the EAD has me concerned there.

Noorah101

The EAD has no relation to the I-94 whatsoever. The EAD is simply a work authorization document. It has no bearing on one's immigration status.

What IS your husband's immigration status? Your title suggests that he has conditional permanent residency, which means he has a 2-year green card in his possession.

You mentioned having an interview (AOS interview?) where they removed his I-94. Was he given an I-551 stamp at that time to prove his status? What was the outcome of the interview?

What I'm thinking was, perhaps he was approved at the interview, and the officer mistakenly said "EAD" when she meant "green card". Because after an AOS interview, you don't want for an EAD anymore, you wait for a green card.

Hopefully your husband has either his green card, I-551 stamp, or Advance Parole to show upon his return to the USA.

Rene

Noorah101

d,

Previous posts suggest you had an AOS interview in October 2007. Didn't your husband get his 2-year green card yet?

Rene

dnicolel

We had an AOS interview at Milwaukee last October. At the interview when the interviewing agent removed the I94 from his passport we specifically asked if he would need it for travel - the reply was no - if granted the EAD card would suffice.
We were under the impression that advanced parole was only needed until USCIS granted the AOS. Our EAD application was cancelled as we put the wrong date on the cheque and so would not have received it until after the AOS interview - it was cancelled by the interviewing officer.
As far as we are aware my husband is a conditional permenant resident with rights to travel.

Manc

I'll ask again.

does he have in his possession.......

1) A permanent resident card
2) I-551 stamp in his passport

if not, it's a trip to secondary at the very least.

Noorah101

I'm sure the officer said EAD by mistake. She either meant the Green Card or the AP would suffice. The EAD is completely irrelevant to travel.

If your husband was indeed approved at the AOS interview in October, 4 months is a very long time to wait for the green card to come in the mail.

If, for some reason, he was NOT approved at the AOS interview (maybe due to pending security checks or something), then he would still need AP to travel.

Without any proof (either via an I-551 stamp in his passport, or the green card in hand), there's no way for us (or even him) to know whether he is or is not a US PR at the moment.

You can expect a lot of questioning upon your return to the USA.

Rene

Noorah101

Just another thought....if he still has an unexpired AP document at home, have someone Fed Ex it to you in Barbados. If he is NOT a PR yet, he will need that to get back in the USA.

You never know, perhaps the officer was going to approve him at the interview, and simply forgot to update it in the computer, or make a note in his file. Mistakes can happen.

Did he receive any notices on-line or via email, that his PR status is approved? Did he get a Welcome to America letter in the mail? If none of these happened, plus his green card never showed up, I would have been worried that he didn't actually get approved.

Rene

HunterGreen

This is the most important question to answer right now if you want your mind set at ease....

dnicolel

the interviewing officer wouldn't stamp his passport as she said no decision had been made at that time and a card would be sent to our house within 6 weeks. This card turned up with a "Welcome to america....." letter. The card is titled Employment Authorisation Card. At the time it all fitted together time wise and as he had been unemployed for nearly 5 months we were just happy he could work.
This is, as far as we remember all the documentation we have ever received

Noorah101

Wow, that is really bizarre! See if someone can send you the "Welcome to America" letter in Barbados, so he can show that at the POE upon entry to the USA. After much questioning at the POE, and whenever he's back in the USA, top priority would be to make an Infopass appointment to see where the actual green card is.

Rene

dnicolel

Here is what it says under the AOS case online;

Receipt Number: MSC0**********

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Approval notice sent.

On December 3, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

Manc

so?