Just recieved my AP, got questions....

[adekin 0]

YEAYYY for me! I just recieved it a couple of days ago, just after an email telling me they asked for the procuction of my work permit as well

Though I have a few questions about my AP:

1: I got actually 2 AP's... both in the same enveloppe and I do not see any differences on them.. is that normal?

IS it because an AP is only valid once?

2 : They say tons of time, AP is not admission in the US.. does it mean I got chances to get refused at the border?

3: They talk about " if you have been here unlawfully.. ."well I got married under waiver program, my visa expired in August and I just got my AP.. does it mean I was there unlwfully during that time? Is it gonna put me in trouble at the border? ( I need to go back to France for a couple of weeks in MAy..)

4 : there is a blank spot for parole stamp, what is that?

Thank you for your help!!!

[payxibka 10,047]

1) Yes, No... First time you use you give the POE officer both copies. They will stamp both, retain one copy for there records and return one copy to you for future use.

2) Yes

3) Visa expiration is not the critical issue. When did your I-94W expire?

4) See #1

[adekin 0]

1) Yes, No... First time you use you give the POE officer both copies. They will stamp both, retain one copy for there records and return one copy to you for future use.

2) Yes

3) Visa expiration is not the critical issue. When did your I-94W expire?

4) See #1

Thanks for your answer!

My I 94W expired August 17th 2008... My advance parole is dated from January 14th 2009...

You said they may refuse me at the border... is it commun? What is the purpose of the AP if you get refused then?

[payxibka 10,047]

most prominent appears to be previous overstays

[jhunjhun 7]

1) Yes, No... First time you use you give the POE officer both copies. They will stamp both, retain one copy for there records and return one copy to you for future use.

2) Yes

3) Visa expiration is not the critical issue. When did your I-94W expire?

4) See #1

Thanks for your answer!

My I 94W expired August 17th 2008... My advance parole is dated from January 14th 2009...

You said they may refuse me at the border... is it commun? What is the purpose of the AP if you get refused then?

You can only tell whether you will likely get refused in the border by the small facts that I had in mind....when did you apply for AOS? What was dated in your NOA? If it's before your I-94 expiration date..your good to go!

[adekin 0]

1) Yes, No... First time you use you give the POE officer both copies. They will stamp both, retain one copy for there records and return one copy to you for future use.

2) Yes

3) Visa expiration is not the critical issue. When did your I-94W expire?

4) See #1

Thanks for your answer!

My I 94W expired August 17th 2008... My advance parole is dated from January 14th 2009...

You said they may refuse me at the border... is it commun? What is the purpose of the AP if you get refused then?

You can only tell whether you will likely get refused in the border by the small facts that I had in mind....when did you apply for AOS? What was dated in your NOA? If it's before your I-94 expiration date..your good to go!

My I94W expired on Augst 17th and my NOA is dated from mid November....

[jhunjhun 7]

did you receive your interview notice yet? My friend.....for me you overstayed for few months before you applied for AOS....I would not likely to be out the country if this will compromise your AOS application. May be someone here can share there thoughts and inputs!!!

Edited January 21, 2009 by jhunjhun

[bluegreen 0]

I looked into this a lot when I adjusted from tourist status. The common advice is NOT to leave the country if you were out of status when you filed your AOS. Anyone who uses AP can be denied re-entry, and if you have already overstayed in the past, they can certainly deny you entry, even if you have a pending AOS application.

I used my AP, but I had not overstayed, and in fact when I left and returned I was still within the 6 months/year Canadians are allowed to be in the US. I was still nervous about it.

You might have your greencard or a stamp at least by May anyways if you filed mid-Nov.

I didn't use a lawyer, but apparently this is the advice that almost ALL lawyers seem to give on this topic:)

[adekin 0]

did you receive your interview notice yet? My friend.....for me you overstayed for few months before you applied for AOS....I would not likely to be out the country if this will compromise your AOS application. May be someone here can share there thoughts and inputs!!!

I did not received my interview letter yet, however, I got an email saying I should get my work permit within 30 days. In that case, if i travel, I have my AP and Work permit, as well as my wedding certificat... wouldnt it be enough?

I read on a website (http://www.***removed***/greencard/adjustmentofstatus/advance-parole.html) :

" Certain immigration benefits and time spent in the US while certain applications are pending may place you ina period of authorized stay. e.g., a properly files application for AOS "

Doesn't it means that it is good for me? I am sure a lot of people that got married and then filed for AOS had a period of time between the expiration of their visa and the NAO...Especially then one that came on visitor visa...

As well, I should have my work permit mid February and right away I am gonna go get a ID card that I will surely have before traveling. So ID card from US, plus AP plus work permit should be safe enough don't you think?

[Jon&Lindsey 0]

I also adjusted from a visitor's visa (VWP), and like bluegreen, looked into using AP. If your I-94W expired August 17th but you did not receive NOA1's until November, then from August 18th - NOA date in November you were out of status (overstay). Yes, while your application is pending you are in authorized stay, but you had time when your I94W was expired and you did not have an application pending. Since the AP does not guarantee re-entry, I chose not to take the risk, as I also had some out of status time. Bluegreen had no overstay so it was less risky to use AP. The work permit (EAD) is not a re-entry permit and has nothing to do with being allowed back into the US, nor does a US ID card. Similarly, just being married to a USC does not automatically grant you immigration benefits. Hopefully you will have your GC or GC stamp before May!

Edited January 21, 2009 by Jon&Lindsey

[adekin 0]

I also adjusted from a visitor's visa (VWP), and like bluegreen, looked into using AP. If your I-94W expired August 17th but you did not receive NOA1's until November, then from August 18th - NOA date in November you were out of status (overstay). Yes, while your application is pending you are in authorized stay, but you had time when your I94W was expired and you did not have an application pending. Since the AP does not guarantee re-entry, I chose not to take the risk, as I also had some out of status time. Bluegreen had no overstay so it was less risky to use AP. The work permit (EAD) is not a re-entry permit and has nothing to do with being allowed back into the US, nor does a US ID card. Similarly, just being married to a USC does not automatically grant you immigration benefits. Hopefully you will have your GC or GC stamp before May!

Awwwwwwwwwww... my family is going to be so disappointed ( so do I).... My little sister is having her first baby in April and I was hoping to go see them after that....

Maybe I should just schedule it for August, do you guys think I will have my green card by then?

My NOA is from mid November, My AP from January 13th and my EAD should arrive by February 15th.... It seems that most of the people got their interview about 2 months after receiving their work pemit??

[Jon&Lindsey 0]

I also adjusted from a visitor's visa (VWP), and like bluegreen, looked into using AP. If your I-94W expired August 17th but you did not receive NOA1's until November, then from August 18th - NOA date in November you were out of status (overstay). Yes, while your application is pending you are in authorized stay, but you had time when your I94W was expired and you did not have an application pending. Since the AP does not guarantee re-entry, I chose not to take the risk, as I also had some out of status time. Bluegreen had no overstay so it was less risky to use AP. The work permit (EAD) is not a re-entry permit and has nothing to do with being allowed back into the US, nor does a US ID card. Similarly, just being married to a USC does not automatically grant you immigration benefits. Hopefully you will have your GC or GC stamp before May!

Awwwwwwwwwww... my family is going to be so disappointed ( so do I).... My little sister is having her first baby in April and I was hoping to go see them after that....

Maybe I should just schedule it for August, do you guys think I will have my green card by then?

My NOA is from mid November, My AP from January 13th and my EAD should arrive by February 15th.... It seems that most of the people got their interview about 2 months after receiving their work pemit??

You should have it by then (I got my GC in four months), though of course with immigration anything can happen and some people wait much longer - there's really no way to predict it or be sure. If you book flights you do run the risk of not having the GC in time/having the interview when you are supposed to be away. When you go for the interview and are approved, you may automatically get a temporary GC stamp in your passport or be able to ask for one if you show plane tickets, which would allow you to leave immediately and know you are OK returning. However, not everyone is instantly approved at interview so you may still have to wait a few weeks/months to know the final answer. It's really your choice about booking flights, as no one can say for sure that you will definitely have the GC by then, all we can go on is others' experiences. I understand your wish to get home, hopefully you will hear about the interview soon!

[adekin 0]

I also adjusted from a visitor's visa (VWP), and like bluegreen, looked into using AP. If your I-94W expired August 17th but you did not receive NOA1's until November, then from August 18th - NOA date in November you were out of status (overstay). Yes, while your application is pending you are in authorized stay, but you had time when your I94W was expired and you did not have an application pending. Since the AP does not guarantee re-entry, I chose not to take the risk, as I also had some out of status time. Bluegreen had no overstay so it was less risky to use AP. The work permit (EAD) is not a re-entry permit and has nothing to do with being allowed back into the US, nor does a US ID card. Similarly, just being married to a USC does not automatically grant you immigration benefits. Hopefully you will have your GC or GC stamp before May!

Awwwwwwwwwww... my family is going to be so disappointed ( so do I).... My little sister is having her first baby in April and I was hoping to go see them after that....

Maybe I should just schedule it for August, do you guys think I will have my green card by then?

My NOA is from mid November, My AP from January 13th and my EAD should arrive by February 15th.... It seems that most of the people got their interview about 2 months after receiving their work pemit??

You should have it by then (I got my GC in four months), though of course with immigration anything can happen and some people wait much longer - there's really no way to predict it or be sure. If you book flights you do run the risk of not having the GC in time/having the interview when you are supposed to be away. When you go for the interview and are approved, you may automatically get a temporary GC stamp in your passport or be able to ask for one if you show plane tickets, which would allow you to leave immediately and know you are OK returning. However, not everyone is instantly approved at interview so you may still have to wait a few weeks/months to know the final answer. It's really your choice about booking flights, as no one can say for sure that you will definitely have the GC by then, all we can go on is others' experiences. I understand your wish to get home, hopefully you will hear about the interview soon!

Thank you so much for your support! I'll keep my fingers crossed...