Hey all, i'm not sure if this is in the right spot or not...

[auravixen 0]

first of all hey everyone, this is actually Jenn's husband talking, been living in america for 11 months now, i have my work authorization and junk, anyway first of all let me tell you effed up adjustment of status actually is, so back in june my uncle who i was very close with was litterally on his death bed with cancer and was given a week to live, so i start rushing around to get everything together for emergency advance parole, doctors notes, proper papers filled out and the $175 fee, so i got these things together and drove down to philly, i got there and got called up and the lady took one look at my stuff and said "we don't do uncles, not approving you" nice lady eh? so my uncle died 9 days later and i never got to say goodbye or see him again and never got to go to his funeral, anyway onto my question, i still can't officially leave the country i don't think, but i ahve a trip planned to canada at the end of augest for my yearly family vacation that i have went on every year of my life, so i was wondering what are my chances of getting into canada and making it back to the usa if i'm driving there and back? and what exactly do they check for at the border these days? cause i still only have my canadian drivers licesense and everytime i've went through the border there and back they've only quickly checked my licesense and birth certificate, i so desperatly want to do this trip as i have not seen my friends or family in almost a year and especially since my family just lost my uncle, please reply, thank you in advance and i'm sorry for the bad grammer, i'm writing this in a hurry, thanks again

[auravixen 0]

bump

[Kez/JWolf 6]

You still cant leave the States without AP.... if you do USCIS will consider your AOS abandoned....

you also need to update your timeline so we can see where you are in the AOS journey....

Kezzie

[auravixen 0]

i already know this, my question was what are my chances of getting caught, driving through the border, cause anytime i've ever driven through the border, they take 2 seconds to look at my licesense and birth certificate and then say go ahead

Edited August 1, 2006 by auravixen

[Dr_LHA 3]

i already know this, my question was what are my chances of getting caught, driving through the border, cause anytime i've ever driven through the border, they take 2 seconds to look at my licesense and birth certificate and then say go ahead

When was the last time you went through the border?

I believe they are in the process of upgrading security at the US/Can border. For example, the new I-94A, which has an RFID chip in it so they can detect if you cross the border. I imagine due to this you're more likely now to get stopped and actually inspected at a border post.

I'm sure it varies from border post to border post, but from what I hear the Border Patrol are trying to plug those holes.

Not worth the risk IMHO.

[LaL 418]

i already know this, my question was what are my chances of getting caught, driving through the border, cause anytime i've ever driven through the border, they take 2 seconds to look at my licesense and birth certificate and then say go ahead

If you use your CND license, then you would be entering the country as a Canadian visitor, no? This is inappropriate. You need to be entering the country with your AP as a pending AOS applicant.

I dont know all POE details (although I should by now!), but certainly this would have some sort of paper trail, etc.

[auravixen 0]

its been less then a year since i went through the border last, i mena they would see my canadian licesense and think i was just returning to my country and then when i come back over i just say i'm visiting a friend and thats it, seems easy enough i never see them take a second glance and yes its innapropriate, but the government is innapropriate and completely screwed me over beyond repair, so yeah

[LaL 418]

It sounds as though you have your mind made up, and Im sorry I do NOT know what can happen at the POE.

We do all recognize your frustration with the system, but they can provide you with the appropriate document to help you in this circumstance. If you knew that an important date (reunion) was upcoming in August, what would stop you from applying for the regular AP? I would think that would just be the simplest way to go. Kind of moot now, but sounds like it would have been the logical thing to do.

Good luck, you may need it.

[john_and_marlene 162]

What you are proposing is illegal.

Are you willing to risk being together for a while?

Do you not think that they ever check to see if your name is in their system? It will be now ... showing that you last entered on a K1. Do you want to risk being turned away at the border and starting over again with an I-130?

You can rationalize to yourself all you want about how righteous it would be for you, but it doesn't take away the poorness of the decision and they won't give you extra credit for what you consider "fair".

[auravixen 0]

well i figured that since i got so rudely and coldy rejected for emergency advance parole for my uncle dying, didn't think i'd have a chance in hell to get AP for a family vacation and also how long does it take to get regular advance parol? like 2+ months right?

Edited August 1, 2006 by auravixen

[john_and_marlene 162]

well i figured that since i got so rudely and coldy rejected for emergency advance parole for my uncle dying, didn't think i'd have a chance in hell to get AP for a family vacation and also how long does it take to get regular advance parol? like 2+ months right?

I've never heard of a normal AP being rejected for any reason. If you had filed for AOS/AP right after marriage, you would have had it 7 months ago.

[Kez/JWolf 6]

If you had applied for a regular AP when you tried to get the emergancy one then you would have had it by now....

If you do what you are thinking of doing you will be committing visa fraud and will have to face all the repercussions that go with that....

If you get denied at the border then you will have to file for a K3 and well you could well be sitting in canada until next spring.....

Kezzie

[auravixen 0]

how long does it take for a regular AP and why would a regular AP get approved, isn't an emergency AP just a little more serious then a regular AP

[LaL 418]

a regular AP usually gets approved 60 - 90 days. Of course you have some that fall outside the bell curve.

The Emergency AP is usually granted for a specific reason, and unfortunately the person you dealt with didnt't feel it qualified. Its kinda of an on-the-spot processing and is up to the discretion of the officer you speak with.

A regular AP is just a document you would apply for should you need it or if you have an intended need. Like we have said, just because the officer didnt feel as though you qualified for the Emergency does not at ALL mean you would be denied for the regular.

[auravixen 0]

i'm sooooo effing frustrated with this whole process *bangs head on desk*