HELP! EAD Approved, want to visit as a tourist.

[kiwi_kiwi]

What is the name of your state (only U.S. law)? Colorado

MAIN QUESTION:
With an approved EAD can I enter as a Tourist?
I just want to go see friends across the country, visit, hang out, vacation for 90 days.... I have NO intention to work whatsoever.

Do I have to declare the EAD at port of entry?
It seems pointless bringing it up and just opens me up for unnecessary harassment by the border folks. I can not assume permanent residence as my approved EAD is stuck in a backlog awaiting immigration to free up more visas in my category - very confusing as it's approved?

I am concerned they will deny me entry and send me home.

In October 2008:
I filled out the forms for USCIS Nebraska to forward my paperwork New Zealand Consulate for processing (Nebraska cashed the check the next day!!).

In March 2009:
I received notice that my EAD was approved - the very same month they changed regulations and cut back visa numbers.

How do you know when you will actually be able to interview and assume your EAD role as a Permanent Resident? Visa Bulletin brings depressing news every month as all dates are stagnant.

Any help on any or all of the above would be much appreciated.

What is the name of your state (only U.S. law)? Colorado

[evcalyptos]

Originally Posted by kiwi_kiwi

What is the name of your state (only U.S. law)? Colorado

MAIN QUESTION:
With an approved EAD can I enter as a Tourist?
I just want to go see friends across the country, visit, hang out, vacation for 90 days.... I have NO intention to work whatsoever.

Do I have to declare the EAD at port of entry?
It seems pointless bringing it up and just opens me up for unnecessary harassment by the border folks. I can not assume permanent residence as my approved EAD is stuck in a backlog awaiting immigration to free up more visas in my category - very confusing as it's approved?

I am concerned they will deny me entry and send me home.

In October 2008:
I filled out the forms for USCIS Nebraska to forward my paperwork New Zealand Consulate for processing (Nebraska cashed the check the next day!!).

In March 2009:
I received notice that my EAD was approved - the very same month they changed regulations and cut back visa numbers.

How do you know when you will actually be able to interview and assume your EAD role as a Permanent Resident? Visa Bulletin brings depressing news every month as all dates are stagnant.

Any help on any or all of the above would be much appreciated.

What is the name of your state (only U.S. law)? Colorado

I had to read your other post to get some idea of how you could be outside the US but have an EAD... do you also have a travel document called Advance Parole (form I-512)??? If you do not, step away from the computer and contact your US immigration attorney immediately.

Your EAD is not an entry document and won't help you get into the US as a tourist. If you filed form I-485, you are allowed to be living in the US while you are waiting for your Green Card visa number to be available.

The I-140 is only the very first step in your case. Normally you would file I-485 if a visa number is currently available for you. You are now waiting for a visa number. Nothing has been approved yet except your I-140.
Contact your lawyer again and ask them to explain it to you. And ask about that travel document. You may have hosed your case if you left the US without it.

[kiwi_kiwi]

Thanks for your reply evcalyptos.

I had to leave the States 3 years ago because my Father got sick. No harm, no foul in leaving but, during this time my petitions have been approved.

I realize the EAD is not an entry document, I know that my Greencard is not yet approved (I filed 1140 & 1485 concurrently). In March I received notice stating that the approved petition has been sent to the NVC and will be redirected to the consulate in Auckland, New Zealand for final processing/interview/fingerprinting.

That was March. 8 months later I have heard nothing more.

A friend is turning 50 and there is nothing I would love more than to come on vacation and surprise them but, if Airport Immigration is connected to USCIS they will see when I arrive that I have a pending petition for permanent residence and, even tho I know that I'm just coming for 90 days to play, they will deny me entry and put me back on the plane because in their minds eye I have "immigrant intent".

Maybe I can just fly into LAX and it will be all good? I just don't know and I don't want to jeopardize anything; this process has been 8 years and counting.

My lawyer has become slack @ communicating hence posting on here; today I found an email address for the NVC so will see if I get more than an automated response from them.

Thanks again for taking the time to read and reply, I genuinely appreciate it!

[evcalyptos]

ok, the I-140 is your petition. That is approved, that is good.
Next, you need a visa number to be available for you. When it is, the I-485 can be acted on, or as in your case now, the immigrant visa application can commence.
You need to find out your Priority Date, and then, knowing your EB category (1,2 or 3) you can look at the current bulletin at travel.state.gov to see if it is current.
The NVC won't talk to you without that information.

If you're an EB3, that category is backlogged a lot and it could be years before you're visa-ready. If you are from one of the named countries, the wait could be even longer in the EB1 or 2.

You are eligible to visit; if there is no visa number available for you, and you know you have to stay in status to use it if it does become available, your 'immigrant intent' problem is mitigated somewhat. It's not that you can't have any immigrant intent, but that you dont' intend to immigrate on -this- visit.

Complete an ESTA application before you travel.. this is new for the VWP, but otherwise I don't see what the conflict is.

Keep in mind that when your case does come current, you'll be sending all your visa application docs to the NVC for collection, and NVC now sets the interview dates.
[url=http://travel.state.gov/visa/immigrants/info/info_3734.html]National Visa Center - Appointment Post List[/url]

I think your EAD is no longer valid. It was tied to your I-485, which no longer exists because you're going for the Immigrant Visa instead. Hang on to it, but don't use it.

Ask your lawyer to explain your PD/Priority Date and ask what timeframe you should look at from here, based on the current visa bulletin.

[kiwi_kiwi]

Thanks so much.... again... for your help.

If I could I would buy you a coffee or a beer/wine to say thank you most people are bamboozled by it all so I really, really appreciate your insight.

I regularly check the visa bulletin, have done for years but it's always depressingly stagnant or numbers are "unavailable" as I'm in one of the worst category..... "other".

After they decided to cut back the amount of visa numbers for each fiscal year in March, I think I'll be old and gray before I'm granted Permanent Residence.

I have one more question:

I always get hammered at port of entry.

Last time I got off the plane from New Zealand and arrived in LAX the immigration guy hammered me so hard for 20 minutes - it was my first re-entry to the States in over two years.

I asked for the full 90 days, had funds to cover my time, accommodation etc so I was all-good with regard to requirements but man was he mean!

In 9 years of coming and going I have never overstayed or done anything "wrong". I'm blonde and not ugly so maybe they think I'm after a K3 visa once I enter? Who knows.

On that trip, I did leave the country and go to Mexico for a weekend and re-enter with another 90 day visa - no doubt that will give them grounds to hammer me.

MY QUESTION: This time, at port of entry, do I take the paperwork and declare that I have a pending case, that no visa number is available and I have to return to my home country when and if a number does come through?

OR like my previous visit, do I just fly under the radar and not mention it since I haven't declared it before and there is no way on God's green earth that I will do anything to jeopardize my 9 year plight.

Thanks again for your advice!

[evcalyptos]

Originally Posted by kiwi_kiwi

Thanks so much.... again... for your help.

If I could I would buy you a coffee or a beer/wine to say thank you most people are bamboozled by it all so I really, really appreciate your insight.

I regularly check the visa bulletin, have done for years but it's always depressingly stagnant or numbers are "unavailable" as I'm in one of the worst category..... "other".

After they decided to cut back the amount of visa numbers for each fiscal year in March, I think I'll be old and gray before I'm granted Permanent Residence.

I have one more question:

I always get hammered at port of entry.

Last time I got off the plane from New Zealand and arrived in LAX the immigration guy hammered me so hard for 20 minutes - it was my first re-entry to the States in over two years.

I asked for the full 90 days, had funds to cover my time, accommodation etc so I was all-good with regard to requirements but man was he mean!

In 9 years of coming and going I have never overstayed or done anything "wrong". I'm blonde and not ugly so maybe they think I'm after a K3 visa once I enter? Who knows.

On that trip, I did leave the country and go to Mexico for a weekend and re-enter with another 90 day visa - no doubt that will give them grounds to hammer me.

MY QUESTION: This time, at port of entry, do I take the paperwork and declare that I have a pending case, that no visa number is available and I have to return to my home country when and if a number does come through?

OR like my previous visit, do I just fly under the radar and not mention it since I haven't declared it before and there is no way on God's green earth that I will do anything to jeopardize my 9 year plight.

Thanks again for your advice!

Thanks for the coffee order.. if my luck holds, maybe we can meet in NZ (dying for a visit there!)

Sounds like you are EB-3, and yes, backlogged way back.
There is nothing dishonest about you not mentioning this at the border; it's very likely they can see that you have a petition pending but as you say, you've been waiting a long time.

Every entry is a fresh chance for them to inspect your case, evaluate what you are up to, look at your ties to your home country etc.

My concern now is that you are so concerned, I am wondering what I missed that might interfere with your visit. Other than the EAD (why don't you just leave that at home, ok?) there is nothing unusual about you as a visitor from many other folk. I'd recommend that you have evidence of your ties to your home that show you'll return there after your visit.