Traveling on AP and Biometrics

[GC2k13]

Hi , I have an emergency and got my AP approved before Biometrics is done. I have my biometrics appoinment also scheduled this week. can i travel outside US after i am done with biometrics? and enter on the AP? are there any complications? any help will be appreciated

thank you.

[Spectator]

The AP itself does not require biometrics.

As long as you physically have the AP in hand, there should be no problems at all.

I hope the emergency sorts itself out with a good outcome.

[GC2k13]

The AP itself does not require biometrics.

As long as you physically have the AP in hand, there should be no problems at all.

I hope the emergency sorts itself out with a good outcome.



great! Thank you much!!

[vckomara]

great! Thank you much!!

Urgent request and not quite sure if the above question is the same. My AP was approved about 45 days ago but didn't receive card. After info pass, senator etc.. It's finally moved to production today but I have to travel on Monday AT ANY COST. My wife can send the card to me once it arrives but is there any other risk than the usual missing card in mail, mistakes on the card etc..?

[tenyearsgone]

Urgent request and not quite sure if the above question is the same. My AP was approved about 45 days ago but didn't receive card. After info pass, senator etc.. It's finally moved to production today but I have to travel on Monday AT ANY COST. My wife can send the card to me once it arrives but is there any other risk than the usual missing card in mail, mistakes on the card etc..?

I believe you need to be physically present in the US when you receive the AP and not just when it is approved, otherwise it is not valid for re-entry. Might be wrong though.. gurus to confirm...

[vckomara]

I believe you need to be physically present in the US when you receive the AP and not just when it is approved, otherwise it is not valid for re-entry. Might be wrong though.. gurus to confirm...

Checked with my lawyer. She said I can travel and someone can fedex the card to me overseas. Will update once I return.

[qesehmk]

Checked with my lawyer. She said I can travel and someone can fedex the card to me overseas. Will update once I return.
Your lawyer is wrong.

[zenmaster]

Your lawyer is wrong.

Per the following CBP document, it looks like Approval of AP suffices for international travel : Link (https://help.cbp.gov/app/answers/detail/a_id/991/~/when-is-advance-parole-required-for-travel)

Text :

For most visa categories, you need advance parole from U.S. Citizenship and Immigration Services (USCIS) to travel internationally if you have applied to become a legal permanent resident (LPR). Failure to obtain advance parole BEFORE departing the U.S. effectively invalidates your LPR application. It is not enough to have applied for advance parole; you must have received approval before you travel.


However, it is very much advisable to have the document in hand, before travel.
Look at the following USCIS text :

"Under the immigration regulations, an AOS applicant is considered to have abandoned his/her adjustment of status application when he/she leaves the U.S. without an advance parole document. In order to preserve the AOS application, the individual must apply for and receive an advance parole document before departing the U.S.. "

It will be left to interpretation of USCIS as to what the "receive an advance parole" means (approval/CPO/actual card in hand etc...). Better not take chances :)

[qesehmk]

Per the following CBP document, it looks like Approval of AP suffices for international travel
Zen - thanks. Approval of AP suffices is correct - as long as the applicant has something in hand including a notice that says AP was approved. I don't think he needs to wait to travel until cards are in hand.

His lawyer is correct if vckomara or the lawyer at least has a notice of approval.

Practically speaking - I wouldn't travel unless it is emergency - since there is no telling when the actual cards will arrive. So until he receives the cards - he is in a limbo.

[vckomara]

Zen - thanks. Approval of AP suffices is correct - as long as the applicant has something in hand including a notice that says AP was approved. I don't think he needs to wait to travel until cards are in hand.

His lawyer is correct if vckomara or the lawyer at least has a notice of approval.

Practically speaking - I wouldn't travel unless it is emergency - since there is no telling when the actual cards will arrive. So until he receives the cards - he is in a limbo.

I have the notice in hand for almost a month now. That's "approval" notice and I am taking that with me. Thanks.

[qesehmk]

I have the notice in hand for almost a month now. That's "approval" notice and I am taking that with me. Thanks.
All the best to you.. hope you receive the cards too.

[vckomara]

All the best to you.. hope you receive the cards too.

Thought I would post an update as it might help others in the futute. I went to Europe for a very important business visit without an EAD/AP card but with notice of approval. My card was shipped 3 days after I left and I had to extend my trip by 3 days than originally planned. My wife overnighted the card to me and I came back without an iota of an issue at Border control. I took a calculated risk because my lawyer, USCIS infopass agent and the person in charge of fingerprint center, all said there won't be a problem coming back as long as I have EAD card on my return to US since AP is already approved. I still wouldn't recommend it unless it's really an emergency as you will have sleepless nights if the card gets delayed even by few days. For me it was well worth the small risk ( which is only 5% in my opinion).