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  • Travelling with EAD

    Hi,
    I am French and I have been working in the US for almost 7 years now (J1 then H1). I applied for my Green Card (EB2 NIW) on May 2019 and got my EAD in July 2019. I already applied to extend my EAD as it is expiring in July 2020 (so I have the automatic extension of 180 days). I am planning to go to France for vacations in September but I am worried about re-entering the US as France is on the list of countries that can't enter the US. I know it might change by September, but, currently, can I re-enter the country with my EAD if I have been to France?

    Thank you.

    Thibaut

  • #2
    I am assuming you have Advance Parole. The COVID country bans (e.g. the one for the Schengen Area in your case) do not have an exception for Advance Parole holders. So I don't think you can re-enter.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Yes I do have advance parole... Lets hope that the situation evolves by September. But, as Schengen area is considering the US at risk regarding the high number of cases, I don't think that the US will re open the borders to these countries if Americans are not allowed to go there...

      Comment


      • #4
        Also, on the white house website, I saw that article https://www.whitehouse.gov/president...d-19-outbreak/ where it is mentioned in section 2:

        Sec. 2. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:
        ...
        (iii) do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission."

        So wouldn't that mean that I could re-enter with advance parole?

        Comment


        • #5
          Originally posted by thibaut View Post
          Also, on the white house website, I saw that article https://www.whitehouse.gov/president...d-19-outbreak/ where it is mentioned in section 2:

          Sec. 2. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:
          ...
          (iii) do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission."

          So wouldn't that mean that I could re-enter with advance parole?
          This is a different ban (the immigrant ban). The immigrant ban doesn't apply to Advance Parole holders (that ban basically just stops issuance of immigrant visas), but, like I said, the country bans still apply to you.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Does the change in travel advisory affect me and would I be able to return to the US with my EAD or it's just for Americans?

            Comment


            • #7
              Originally posted by thibaut View Post
              Does the change in travel advisory affect me and would I be able to return to the US with my EAD or it's just for Americans?
              Travel advisory is just a suggestion for people traveling to other countries. It has nothing to do with entry to the US.

              This is my personal opinion and is not to be construed as legal advice.

              Comment

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