GC approved while outside US

[hari0711]

Hi Guys,

I am in real urgent need of some advice:

Jan 25th 2013: My I-140 under EB2 got approved. Also, EB3 priority date was successfuly ported to this new case. Priority date is March 2004 (which is current).

I am traveling to India tomorrow, and today I received the below email from my attorney. I am not sure if she is right. If my GC gets approved while I am out of country, what are my options for re-entry into US. I am planning to travel on AP/EAD that was under by EB3 case.

Also, is she missing any steps, like interfiling etc.. ? Is there nothing for us to do now before the GC gets printed and mailed?

Email from attorney:

It is possible your green card may be approved any day. Just carry the normal documents you carry when you travel and perhaps original birth certificates for the family.

If green cards are issued you can probably appear at the US consulate to have your passports stamped. Is someone at home to check your mail in the event green cards are issued then they can be mailed.

Folks, please help!! My flight is tomorrow and now I am not sure whether to go or not.

Thanks

hari0711

[Attorney_25]

Why don't you first discuss with your attorney to get more information, because the email was not comprehensive, and then post here again if any clarification is needed?

To address your urgent question, yes, you can travel. It is a good idea to get full advice from a qualified US immigration attorney on all your options.

[Belle]

Generally, if you have AP, you can enter with them after the approval. The same (surprisingly) is with H visas.

[hari0711]

Thank you guys. I am going to chicken out and not travel. I don't see it worth traveling and risking the 9.5 years that I have waited for this GC. Anyways, my attorney did mention that I will have no option but to either have someone mail the GC to me, or go for Counsular stamping. So she does not agree that I can come back on AP or have I551 stamped at POE. Pretty confusing!!

[Belle]

Thank you guys. I am going to chicken out and not travel. I don't see it worth traveling and risking the 9.5 years that I have waited for this GC. Anyways, my attorney did mention that I will have no option but to either have someone mail the GC to me, or go for Counsular stamping. So she does not agree that I can come back on AP or have I551 stamped at POE. Pretty confusing!!

Well, if you are a chicken, then I guess the coop is the right place...

[Attorney_25]

I recommend obtaining a second opinion from a qualified attorney. This situation happens frequently and the normal action is to present your AP (or H-1B if you're traveling on that) along with proof of GC approval, and the CBP officer should schedule you for deferred inspection to present your I-485 approval and be admitted as a permanent resident.