Help!! API question

Old Feb 20th 2011, 6:18 pm
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Default Help!! API question

Hello! First post here! My husband and I are heading off to the US on Wednesday, and need to input advanced passenger information. I'm a USC, so easy enough. DH however is more problematic. We're flying through Dublin and will be going through immigration there, and we're not certain what to put down for his API. Aer Lingus gives the options of USC (nope), Landed PR (not quite landed!) and Non-resident (not any longer?). Any thoughts? And if it's the landed PR, would anyone be able to point out what his PR number would be located on the visa in his passport?

Sorry if I'm coming across as daft, but I've been unable to get an answer out of Aer Lingus and can find NO info on the US immigration or Customs sites.
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Old Feb 20th 2011, 6:49 pm
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Default Re: Help!! API question

Originally Posted by Pegster View Post
Any thoughts? And if it's the landed PR, would anyone be able to point out what his PR number would be located on the visa in his passport?
If he has an immigrant visa in his passport, he is still currently a non-resident. He'll become a PR only after he clears US immigration in Dublin... but not a moment sooner.

Ian

Last edited by ian-mstm; Feb 20th 2011 at 6:57 pm.
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Old Feb 20th 2011, 7:11 pm
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Default Re: Help!! API question

Originally Posted by ian-mstm View Post
If he has an immigrant visa in his passport, he is still currently a non-resident. He'll become a PR only after he clears US immigration in Dublin... but not a moment sooner.

Ian
I think the OP's dilemma is that the API is flight-related. By the time he's on the plan he will be an LPR. But if it were me, I would put down non-resident as well, since that will be his status when the US authorities check the flight status.
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Old Feb 20th 2011, 11:30 pm
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Default Re: Help!! API question

If this is for online check in, he can't do it.
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Old Feb 21st 2011, 12:52 am
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Default Re: Help!! API question

Originally Posted by ian-mstm View Post
If he has an immigrant visa in his passport, he is still currently a non-resident. He'll become a PR only after he clears US immigration in Dublin... but not a moment sooner.

Ian
No advice, but an interesting question.

Take a gander of Matter of Patel 20 I&N 368

Take a look at this Wikipedia article -- immigration only in Dublin, no customs unless the new change is in effect.

API is a different animal. This is what Aer Lingus has to say about it. I know that I have had to do this every time I've flown foreign.

Methinks that the process is a daunting version of acronym hell.
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Old Feb 21st 2011, 2:10 am
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Default Re: Help!! API question

He won't be an LPR until he gets off the plane, walks out of the US airport and is free from government control.

I'd just put nonresident because he's not an LPR until he hits the streets of the US. The airline will verify and/or correct the information during the boarding process anyway so don't lose too much sleep over it.

Last edited by crg; Feb 21st 2011 at 2:12 am.
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Old Feb 21st 2011, 2:12 am
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Default Re: Help!! API question

Originally Posted by S Folinsky View Post
Take a look at this Wikipedia article -- immigration only in Dublin, no customs unless the new change is in effect.
Aer Lingus have moved to terminal 2 and full CBP is in operation (my parents came through it 2 weeks ago).
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Old Feb 27th 2011, 6:39 pm
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Default Re: Help!! API question

Originally Posted by crg View Post
He won't be an LPR until he gets off the plane, walks out of the US airport and is free from government control.
Where is the dividing line? What if he catches a connecting flight? Does he not become a PR until exits the security area?
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Old Feb 27th 2011, 10:01 pm
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Default Re: Help!! API question

Originally Posted by JAJ View Post
Where is the dividing line? What if he catches a connecting flight? Does he not become a PR until exits the security area?
I don't know of any case law that states specifically where the line is so it could be subject to argument. It's safe to say that you would not be admitted if they met you at the door of the plane upon arrival in the US.

Review Correa v. Thornburgh to see a barely similar case.

http://openjurist.org/901/f2d/1166/correa-v-thornburgh

One could argue that you'd have to at least get off the plane and away from the gate area without being stopped.
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