AOS - Reentry without using my AP card
Mar 30th 2018, 12:35 am
#1
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AOS - Reentry without using my AP card
Hi all
I have a bit of a strange situation that I would really appreciate some others' insight and opinions on.
I currently have a pending I-485 and did apply for a EAD/AP combo card, which I received in January. A couple of weeks ago, I flew home to the UK.
When I returned, I used the Global Entry machine (I've been registered for a couple of years now) and it let me in under my E2 visa (I have this visa as an essential employee, rather than as the investing company itself). I had expected to get a black cross on my receipt and sent for screening, but I did not.
As usual, I took my Global Entry receipt and had it checked by the CBP officer. Again, I expected him to ask for my EAD/AP card but he let me pass and enter the US without question or secondary inspection.
I am now feeling a little panicked. By not using my AP card when I re-entered the US, I am worried that USCIS might consider my I-485 abandoned. I am hoping that the fact that I had the EAD/AP card when I left is enough to avoid this.
I'd really appreciate your thoughts of this.
I have a bit of a strange situation that I would really appreciate some others' insight and opinions on.
I currently have a pending I-485 and did apply for a EAD/AP combo card, which I received in January. A couple of weeks ago, I flew home to the UK.
When I returned, I used the Global Entry machine (I've been registered for a couple of years now) and it let me in under my E2 visa (I have this visa as an essential employee, rather than as the investing company itself). I had expected to get a black cross on my receipt and sent for screening, but I did not.
As usual, I took my Global Entry receipt and had it checked by the CBP officer. Again, I expected him to ask for my EAD/AP card but he let me pass and enter the US without question or secondary inspection.
I am now feeling a little panicked. By not using my AP card when I re-entered the US, I am worried that USCIS might consider my I-485 abandoned. I am hoping that the fact that I had the EAD/AP card when I left is enough to avoid this.
I'd really appreciate your thoughts of this.
Mar 30th 2018, 12:38 am
#2
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Re: AOS - Reentry without using my AP card
As you weren't paroled back in you could have an issue here...
(B) The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. If the adjustment of status application of such individual is subsequently denied, he or she will be treated as an applicant for admission, and subject to the provisio ns of section 212 and 235 of the Act.
Mar 30th 2018, 1:15 am
#4
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Re: AOS - Reentry without using my AP card
As Olly_ has stated I'm under the impression you need to have been taken to secondary and had your AP reviewed and been paroled back in.
I'm not sure what you could essentially do to follow up on this other than potentially an InfoPass appointment.
Has your I94 been updated?
I'm not sure what you could essentially do to follow up on this other than potentially an InfoPass appointment.
Has your I94 been updated?
Mar 30th 2018, 1:20 am
#5
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Re: AOS - Reentry without using my AP card
As Olly_ has stated I'm under the impression you need to have been taken to secondary and had your AP reviewed and been paroled back in.
I'm not sure what you could essentially do to follow up on this other than potentially an InfoPass appointment.
Has your I94 been updated?
I'm not sure what you could essentially do to follow up on this other than potentially an InfoPass appointment.
Has your I94 been updated?
I’m waiting to hear back from my attorney, so hopefully they’ll have some advice tomorrow.
Mar 30th 2018, 1:21 am
#6
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Re: AOS - Reentry without using my AP card
Mar 30th 2018, 1:41 am
#8
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Re: AOS - Reentry without using my AP card
Are you still employed by the company with whom your E2 is sponsored by/associated with? If so then entering on your E2 shouldn't be a problem. When I adjusted I travelled on my current and valid H1b rather than AP (which I got just in case). I had no problems.
Mar 30th 2018, 1:44 am
#9
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Re: AOS - Reentry without using my AP card
It's different for H and L visas - you can leave and return using them without having your I-485 considered abandoned. E visas don't have that privilege and you have to be paroled in.
Mar 30th 2018, 5:40 am
#11
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Re: AOS - Reentry without using my AP card
One of the posts here makes only a partial quotation from the applicable regulation. When read in it's entirety, there are contradictory provisions.
Once had a situation similar to OP's. The interview was about to blow up, yours truly was muttering "oh, shit" and then went over the regulation. We completed the adjustment but the supervisor warned me to never let that happen again. (This was a long time ago in gentler and kinder" legal climate).
I can see how attorneys can have differing opinions and there are several possible ways to handle it.
I know what I would do, but as my signature block says, I am not OP's attorney.
Interesting facts.
Once had a situation similar to OP's. The interview was about to blow up, yours truly was muttering "oh, shit" and then went over the regulation. We completed the adjustment but the supervisor warned me to never let that happen again. (This was a long time ago in gentler and kinder" legal climate).
I can see how attorneys can have differing opinions and there are several possible ways to handle it.
I know what I would do, but as my signature block says, I am not OP's attorney.
Interesting facts.
Last edited by S Folinsky; Mar 30th 2018 at 5:43 am.
Mar 30th 2018, 11:19 am
#12
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Re: AOS - Reentry without using my AP card
One of the posts here makes only a partial quotation from the applicable regulation. When read in it's entirety, there are contradictory provisions.
Once had a situation similar to OP's. The interview was about to blow up, yours truly was muttering "oh, shit" and then went over the regulation. We completed the adjustment but the supervisor warned me to never let that happen again. (This was a long time ago in gentler and kinder" legal climate).
I can see how attorneys can have differing opinions and there are several possible ways to handle it.
I know what I would do, but as my signature block says, I am not OP's attorney.
Interesting facts.
Once had a situation similar to OP's. The interview was about to blow up, yours truly was muttering "oh, shit" and then went over the regulation. We completed the adjustment but the supervisor warned me to never let that happen again. (This was a long time ago in gentler and kinder" legal climate).
I can see how attorneys can have differing opinions and there are several possible ways to handle it.
I know what I would do, but as my signature block says, I am not OP's attorney.
Interesting facts.
Hopefully our attorney will get back to us very soon, because we’re very worried about what our options are and what this will mean for us. I’m hoping the worst case scenario is us having to start the I-485 again because of our stupid mistake,
Does anyone know if we are able to submit a second “backup” I-485 using the same I-140 (and repaying the filing fees) to have the process started in case we are declined for abandonment at the interview of this first application? I’ve looked online and people seem to say this is OK, but I’m wondering if anyone has any differing experience. I know this probably sounds like a crazy idea - I have a million worried thoughts running through my head after a night of little sleep!
Apr 12th 2018, 3:55 pm
#14
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Re: AOS - Reentry without using my AP card
I just wanted to update this thread and to close the 'story' for anyone who may be searching for help in the future.
We visited the CBP Deferred Inspection Unit at JFK today and they very kindly listened to our problem and performed the necessary secondary inspections. They amended our I-94 to change our class of entry and stamped our passports as of the original date of entry (March 10). I'm feeling very appreciative of the CBP Officer right now who was very willing to work with us to fix our mistake!
We visited the CBP Deferred Inspection Unit at JFK today and they very kindly listened to our problem and performed the necessary secondary inspections. They amended our I-94 to change our class of entry and stamped our passports as of the original date of entry (March 10). I'm feeling very appreciative of the CBP Officer right now who was very willing to work with us to fix our mistake!
Apr 12th 2018, 4:28 pm
#15
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Re: AOS - Reentry without using my AP card
I just wanted to update this thread and to close the 'story' for anyone who may be searching for help in the future.
We visited the CBP Deferred Inspection Unit at JFK today and they very kindly listened to our problem and performed the necessary secondary inspections. They amended our I-94 to change our class of entry and stamped our passports as of the original date of entry (March 10). I'm feeling very appreciative of the CBP Officer right now who was very willing to work with us to fix our mistake!
We visited the CBP Deferred Inspection Unit at JFK today and they very kindly listened to our problem and performed the necessary secondary inspections. They amended our I-94 to change our class of entry and stamped our passports as of the original date of entry (March 10). I'm feeling very appreciative of the CBP Officer right now who was very willing to work with us to fix our mistake!