Deny entry with valid EAD/AP?

[chaitanyapingali]

Hi Murthy.com readers,

A recent link seems a bit confusing, can anyone provide clarity on this?

https://www.murthy.com/2017/08/10/uscis-denying-advance-parole-applications-based-on-overseas-travel/

The last sentence there seems quite a U turn, does it mean, we can no longer travel back and forth on a valid EAD with AP, pending our AOS?

Thanks

Chaitanya

[pontevecchio]

The article has been written in a very confusing way and makes no conclusions about anything. OF COUSE, you can travel based on an approved AP. You cannot apply and leave without AP approval.

[Attorney_23]

Sorry for the confusion. To clarify, the point of the article is that applications for AP documents (i.e. I-131 applications) were being denied if the applicant traveled abroad before the AP was issued. It was NOT indicating that people requesting admission on valid AP documents were being denied reentry.

Fortunately, right after we posted this article, it appears we were able to get the USCIS to correct the issue. During a stakeholder call with the Nebraska Service Center of Thursday afternoon, one of the Section Chiefs for the USCIS who was on the call noted that he had received correspondence from one of our attorneys, and he agreed that these AP denials were being issued in error. So, he is clarifying to the adjudicators that, so long as the I-131 applicant has a valid means of returning to the U.S. (e.g., H1B visa), travelling abroad while the AP application is pending will not result in the I-131 being denied.

We'll be posting this update in a new article soon.

 

[chaitanyapingali]

Thank you, that's a relief

[antarix]

Does denial or abandon of I-131 in above scenario means denial of I-485 too ? If they can unilaterally apply this rule for I-131 then they can apply this rule for I-485 too even though USCIS itself mentions on its website about narrow exceptions for non immigration status.

As per Attorney, Office of Nebraska has been informed about the rectification of error. So accordingly will this message pass on to all other service centers too?

Definitely after so much wait of more than 10 years and frustration, we filed I-485 and now with just this innocent mistake of travelling outside US (not even mistake, within per the rule published), our green card is at stake again.