AOS interview questions

[Aussie Nikki 0]

Hello all.

I am new on here but not new to the immigration process.

Myself & my son came in the US with my US citizen husband on the Visa Waiver Program, however we were pulled aside at customs and when I advised them I was going to be fling for AOS & I-130 while here they advised I was not allowed to do this and they almost sent us back.

However after 4 hours of crying and interrogations they finally allowed us in on a Notice of Parole/Lookout Intercept and we paid a fine.

Now neither of us have an I-94 in our passports but we have the Notice of Parole letters we were given at POE.

We are at the interview stage now, it being this coming Monday. I know at the interview they need to see the POE documents. Will this be all they need including our passports?

Also will the fact we came in on the wrong visa go against us at the interview? We did not do it intentionally, I was advised that you could do it that way.

[Bobby+Umit 161]

Wait - they told you were not suppose to do this (enter VWP and AOS) and you still did it?

Also will the fact we came in on the wrong visa go against us at the interview? We did not do it intentionally, I was advised that you could do it that way.

It very well may - since the Lookout intercept/parole has you listed in the DB as someone who could of been inadmissable, but they let you in. You can't claim you "didn't know" about the VWP/AOS after all this happened at the POE.

If they refuse you, since you came in on the VWP, you have no recourse, no chance to appeal, you will be sent home.

I really surprised they let you in after you told them the reason you were entering to be honest.

Edited July 3, 2009 by Bobby_Umit

[Aussie Nikki 0]

Sorry I'll explain in better words.

We came in on the VWP, were told that we shouldn't have because our intentions were to apply for Green Cards.

They said that they could send us back to Australia but after talking to me for like 4 hours the officer went and spoke to someone (supervisor perhaps?) and she said that they were allowing us in on a Local Parole to allow us to file our AOS paperwork, which we have done.

We have been through all the steps leading up to the interview eg: Fingerprints, my EAD was approved etc.

I am just wondering if the initial issue of us coming (trying) in on the wrong visa will have any impact on the decision at the interview?

It says in my passport "Paroled" Purpose: Adjust Status.

Basically the let us in so we could apply.

[Aussie Nikki 0]

Wait - they told you were not suppose to do this (enter VWP and AOS) and you still did it?

Also will the fact we came in on the wrong visa go against us at the interview? We did not do it intentionally, I was advised that you could do it that way.

It very well may - since the Lookout intercept/parole has you listed in the DB as someone who could of been inadmissable, but they let you in. You can't claim you "didn't know" about the VWP/AOS after all this happened at the POE.

If they refuse you, since you came in on the VWP, you have no recourse, no chance to appeal, you will be sent home.

I really surprised they let you in after you told them the reason you were entering to be honest.

So if that is the case, why would they let us in to file when its more than likely we will be denied? Why would they allow me to stay here for 10 months pending the application?

[Bobby+Umit 161]

Sorry I'll explain in better words.

We came in on the VWP, were told that we shouldn't have because our intentions were to apply for Green Cards.

They said that they could send us back to Australia but after talking to me for like 4 hours the officer went and spoke to someone (supervisor perhaps?) and she said that they were allowing us in on a Local Parole to allow us to file our AOS paperwork, which we have done.

We have been through all the steps leading up to the interview eg: Fingerprints, my EAD was approved etc.

I am just wondering if the initial issue of us coming (trying) in on the wrong visa will have any impact on the decision at the interview?

It says in my passport "Paroled" Purpose: Adjust Status.

Basically the let us in so we could apply.

Ah - well that is different. You lucked out and they let you do that.

Since CBP let you in with that notation, USCIS will usually go along with that determination. But, as always, it is up to the person doing the case.

Intent usually cannot be used against you (there is a case precident for that) - as long as there are no other "negative factors" - it should be ok...

Just be prepared to show your marriage life, and don't rely on 'tears' - Good luck!

So if that is the case, why would they let us in to file when its more than likely we will be denied? Why would they allow me to stay here for 10 months pending the application?

CBP is not USCIS - two different agencies.

One might let something slide where the other will put the hammer down. Just think good thoughts

[Aussie Nikki 0]

Sorry I'll explain in better words.

We came in on the VWP, were told that we shouldn't have because our intentions were to apply for Green Cards.

They said that they could send us back to Australia but after talking to me for like 4 hours the officer went and spoke to someone (supervisor perhaps?) and she said that they were allowing us in on a Local Parole to allow us to file our AOS paperwork, which we have done.

We have been through all the steps leading up to the interview eg: Fingerprints, my EAD was approved etc.

I am just wondering if the initial issue of us coming (trying) in on the wrong visa will have any impact on the decision at the interview?

It says in my passport "Paroled" Purpose: Adjust Status.

Basically the let us in so we could apply.

Ah - well that is different. You lucked out and they let you do that.

Since CBP let you in with that notation, USCIS will usually go along with that determination. But, as always, it is up to the person doing the case.

Intent usually cannot be used against you (there is a case precident for that) - as long as there are no other "negative factors" - it should be ok...

Just be prepared to show your marriage life, and don't rely on 'tears' - Good luck!

So if that is the case, why would they let us in to file when its more than likely we will be denied? Why would they allow me to stay here for 10 months pending the application?

CBP is not USCIS - two different agencies.

One might let something slide where the other will put the hammer down. Just think good thoughts

Phew! Ok you had me worried for a minute!

Well we have been married for over 3 years and most of that time he lived with me in Australia so we have alot of proof of our relationship, that I have no concern about! We made the Australian immigration officer cry with our story!

And I usually don't cry but after a 40+ hour plane trip I was pretty stressed out!!

[furiousng 2]

Sorry I'll explain in better words.

We came in on the VWP, were told that we shouldn't have because our intentions were to apply for Green Cards.

They said that they could send us back to Australia but after talking to me for like 4 hours the officer went and spoke to someone (supervisor perhaps?) and she said that they were allowing us in on a Local Parole to allow us to file our AOS paperwork, which we have done.

We have been through all the steps leading up to the interview eg: Fingerprints, my EAD was approved etc.

I am just wondering if the initial issue of us coming (trying) in on the wrong visa will have any impact on the decision at the interview?

It says in my passport "Paroled" Purpose: Adjust Status.

Basically the let us in so we could apply.

Ah - well that is different. You lucked out and they let you do that.

Since CBP let you in with that notation, USCIS will usually go along with that determination. But, as always, it is up to the person doing the case.

Intent usually cannot be used against you (there is a case precident for that) - as long as there are no other "negative factors" - it should be ok...

Just be prepared to show your marriage life, and don't rely on 'tears' - Good luck!

So if that is the case, why would they let us in to file when its more than likely we will be denied? Why would they allow me to stay here for 10 months pending the application?

CBP is not USCIS - two different agencies.

One might let something slide where the other will put the hammer down. Just think good thoughts

Phew! Ok you had me worried for a minute!

Well we have been married for over 3 years and most of that time he lived with me in Australia so we have alot of proof of our relationship, that I have no concern about! We made the Australian immigration officer cry with our story!

And I usually don't cry but after a 40+ hour plane trip I was pretty stressed out!!

Since you have that notation on your passport, your legal entry is documented which is the purpose the i-94 serves. However the decision of CBP has no bearing on what your AO will decide. Believe for the best at your interview and take a wide variety of proof. Goodluck!

[mrsemcee 1]

good luck nikki babes, ill be thinking of you!!!!!!!!!!!!

show them your youtube vid.. they'll be crying and will think WOW! hehe

[YuAndDan 153]

Sorry I'll explain in better words.

We came in on the VWP, were told that we shouldn't have because our intentions were to apply for Green Cards.

They said that they could send us back to Australia but after talking to me for like 4 hours the officer went and spoke to someone (supervisor perhaps?) and she said that they were allowing us in on a Local Parole to allow us to file our AOS paperwork, which we have done.

We have been through all the steps leading up to the interview eg: Fingerprints, my EAD was approved etc.

I am just wondering if the initial issue of us coming (trying) in on the wrong visa will have any impact on the decision at the interview?

It says in my passport "Paroled" Purpose: Adjust Status.

Basically the let us in so we could apply.

Moving to the forum having to do with AOS from VISITOR, Student, Work visa.