I have a pretty unique situation I would like some advice on.

I have applied for the green card adjustment of status in June 2018. I was granted EAD with advance parole, and I am scheduled for the green card interview on February 20th 2019. Two days after the interview, on February 22nd 2019, I will need to leave the US for few weeks for a trip planned a long time ago, certainly before I knew I was scheduled for the interview on the 20th. Assuming my interview goes smoothly since there are no red flags, it seems like they will send the card to my house approximately one week after the interview, but at that time I will already be outside the US. My question is, when I re-enter the US, will they accept my advance parole? Or does AP expire as soon as USCIS issues my green card?

Any advice would be greatly appreciated.

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    It is very possible, if your interview is successful and AOS approved on the spot, that you will asked to surrender your EAD/AP card right there. In that case, get the GC stamp into your passport ASAP. – user79729 Feb 9 at 17:12
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    Thanks for your response. Honestly if they did ask me to surrend it it would be almost preferable to me since then I will have the "right" to ask for the GC stamp on the spot on my passport. Otherwise if they didnt stamp me, they willl prohibit me to travel for the time required for the card to get to my house (which is not alsways 1 week).Oh man pretty stressful case! – Pep Feb 9 at 17:19

Multiple US immigration lawyers say that you will surrender your EAD/I-512 and receive your temporary I-551 stamp at this interview if there is no problem with your documents or answers to interview questions. Otherwise you'll be asked to submit any missing documents later, and you keep your EAD in hand. (Examples: 1, 2)

You should tell the officer at the interview that you have to travel in two days, just as a reminder. The USCIS policy manual instructs officers to ensure they place the stamp in your passport in this case.

If the officer determines that the case is approvable during the interview and the applicant anticipates immediate emergency travel, the officer may place a stamp as proof of temporary permanent resident status in the applicant’s passport, per local office guidelines. The stamp must have a dry seal affixed to be valid for travel.

  • Thank you Michael, yes this Manual is very helpful, I will definitely tell them of my travel. – Pep Feb 9 at 17:55
  • What does USCIS consider 'emergency' travel, though? Would they consider just any immediate travel to qualify for needing the passport stamp? – reirab Feb 10 at 5:35
  • @reirab As far as I can tell, that is not public information, but it is well known that the temporary I-551 stamps are routinely given, whether the applicant has imminent travel or not. – Michael Hampton Feb 10 at 5:47
  • I never got the mentioned stamp. since when is this the rule? – Aganju Feb 10 at 13:15
  • @Aganju I have no idea what happened at your interview. Only you do, and you have not chosen to disclose it. – Michael Hampton Feb 10 at 15:50

Does AP expire as soon as USCIS issues my Green Card?

Your advance parole document automatically voids upon approval of your permanent residence petition. It’s akin to someone using a permanent resident card after their naturalization has been approved.

when I re-enter the US, will they accept my Advance Parole?

That said in their system it may take some time to update so you might be able to return on it. Doesn’t mean it is legal.

Advance parole is an immigration document issued by the United States Citizenship and Immigration Services (USCIS) to enable an alien to be paroled into the United States. It is not a U.S. visa or a re-entry permit; it is only issued to people without permanent residency.

  • It sounds like he does not have the separate Advance Parole document, but an endorsement on his EAD. – Michael Hampton Feb 9 at 17:34
  • Yes, that's what I was referring to. But the text you quoted appears to refer to the standalone I-512 document. This might be confusing for some people. – Michael Hampton Feb 9 at 17:41
  • That is correct, I have the combo EAD/ Advanced Parole card. Based on what you said I don't have many chances to have a definite legal plan right? I wonder if I could explain the situation to the office after the interview and ask if they can put the I-551 stamp on my passport? That will solve my issues. – Pep Feb 9 at 17:43
  • @MichaelHampton from a legal point of view it should not matter whether the AP is combined with the EAD or not. Both authorizations cease to be relevant and therefore lose validity when permanent resident status is granted. – phoog Feb 9 at 18:18
  • @phoog That's true enough. – Michael Hampton Feb 9 at 18:28

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