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AP question when traveling abroad

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  • AP question when traveling abroad

    Hi all,

    I have my EAD/AP combo card while I-485 pending and also a valid nonimmigrant visa that isn't expired. When I travel abroad and come back through customs, do I need to provide the AP card as well? I'm confused since I won't be 'paroled' since I still have a valid nonimmigrant visa.

    Thanks!!!

  • #2
    You can choose to use either of those two options. If you intend to use AP, then your status upon entry would be that of a parolee awaiting I485 adjudication and not the non-immigrant status. Entry using the non-immigrant visa will not affect your AOS, if the non immigrant visa is a dual intent visa like H1. If the non immigrant visa is a strictly non immigrant visa like F1, then you cannot use it to enter while your I485 is in process (for obvious reasons). In such an instance you will most probably be denied entry.
    Just an opinion; Not legal advice.

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    • #3
      Only give CBP the status you want to enter on. If you have dual intent L or H, go with that.

      If you have an F, do not enter on the F. Your I485 would be deemed abandoned. I think. Enter on your AP.

      Comment


      • #4
        I agree with above feedback.
        Filing Type: Concurrent I-130, I-130A I-485 (I-693 + I-864), I-765 , I-131
        Field Office:Houston

        6/12 Package Sent
        6/15 Priority Date
        6/21 Checks Cashed
        6/21 NoAs via Email/Text
        6/25 NoAs via Mail
        7/6 Biometric letter
        7/18 Biometric Done
        7/19 Status for 485 and 765 changed to "Finger Print review was completed"
        7/25 Status for 485 changed to "Case is Ready to be scheduled for an Interview"
        10/15/2018 status for 765 changed to ?new card is being produced ?

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