Red flag for expediting Advance Parole?

[mathranik 2]

Hello!

After getting my fingerprints done (walk-in) day before yesterday, I went to the local USCIS office (infopass) to have an emergency Advance Parole issued for me, as my grandmother is critically ill in India. Actually, we live in Illinois (me and my wife at her parent's home), and I have come to LA to visit my brother and parents, and so I went to the local office in San Bernardino. The officer at the infopass office took me in without an appointment, saw my letter of emergency from hospital and took my documents viz. copies of receipts and passport. He then made me wait an hour. When he got back, he asked me all sorts of questions like Why dont I just sent money to my grandmother rather than visit her, what am I doing in California, when did I come here and when would I go back to Illinois, and where would my flight be to India (which is Los Angeles, since I had bought return tickets when I came to US, and I had flown in to Los Angeles). Then again he made me wait for another hour and a half. He said he went and talked to the supervisor, and that he asked me to come on Tuesday with the copy of tickets. I said I would have them emailed/faxed to them right now by calling my wife up. He then said he can't have it issued today as the time is almost over for the day (2.00 pm). I said I would make it quick with the fax. As i was talking to my wife on the phone, he called his supervisor on the phone too. Then he said to me that since I am going back to Illinois on Tuesday, I should rather apply there itself as this office is out of my jurisdiction. He gave all my documents back and asked me to apply in IL.

Now I wonder if this has put any red flags on my file. Can someone please tell me if these front-desk officers at infopass have the rights to put red flags on an application? Also, he was almost ready to issue me the Advance Parole! And then suddenly, he asked me to apply in Chicago. What could the whole reason/situation be?

Secondly, I got the bad news last night that my grandmother passed away (May her Soul rest in peace). I have asked them to send me the death certificate over the weekend. Since my return flight is from Los Angeles for India, can I go to the LA office on tuesday (since its a long weekend) and show them the death certificate? It would be too time consuming to go to IL on tuesday and come back and fly to India from here. Can I have some advices/suggestions here please?

Thank you everyone.

[JimVaPhuong 4,863]

What kind of visa did you enter the US with, and when did you enter?

Yes, your circumstances may look suspicious to an immigration officer. You're a newlywed, and only a few months later you're visiting your family on the other side of the country without your wife.

Yes, any immigration officer can enter a comment into your file.

I don't think they are doubting the urgency of your travel request, so I don't think there would be any benefit to returning to the local office with the death certificate. What they are doubting is the validity of your marriage, since you are applying in San Berdoo only a few months after your marriage, and your wife is Illinois.

[mathranik 2]

What kind of visa did you enter the US with, and when did you enter?

Yes, your circumstances may look suspicious to an immigration officer. You're a newlywed, and only a few months later you're visiting your family on the other side of the country without your wife.

Yes, any immigration officer can enter a comment into your file.

I don't think they are doubting the urgency of your travel request, so I don't think there would be any benefit to returning to the local office with the death certificate. What they are doubting is the validity of your marriage, since you are applying in San Berdoo only a few months after your marriage, and your wife is Illinois.

I was visiting my brother and parents in california, and my wife has to take her USMLE exams. I entered on B2 visa.

[HappyKnappy 30]

I was visiting my brother and parents in california, and my wife has to take her USMLE exams. I entered on B2 visa.

As Jim stated, it's not the urgency of travel, rather than you living in IL. I would think that it may show up on the interview, but as long as you are prepared with evidence of the urgency to travel, and your ongoing marriage you should be fine.

I am sure this is not the only case where an intending immigrant has had to leave for an illness in the family, and also that you will not be the last one. However, you do not mention if you really left the country or not...

Finally, I am sorry for your loss.

[mathranik 2]

As Jim stated, it's not the urgency of travel, rather than you living in IL. I would think that it may show up on the interview, but as long as you are prepared with evidence of the urgency to travel, and your ongoing marriage you should be fine.

I am sure this is not the only case where an intending immigrant has had to leave for an illness in the family, and also that you will not be the last one. However, you do not mention if you really left the country or not...

Finally, I am sorry for your loss.

Thank you for your reply. I have the proofs of my blood brother living in Upland, California and me visiting him to attend the wedding of his sister-in-law. I also have the marriage invitation card! Also, My wife couldn't travel with me due to her upcoming USMLE step-2 exam , for which I have the evidence too! I would only try to travel out of the country if I get the Advance Parole.

I hope me visiting my brother in California without my wife accompanying me doesn't mean a direct denial to my case! If we get an interview, they would surely know how genuine, loving and made-for-each-other couple we are...

Thanks for your concern, friend. If only I would've gotten the Advance Parole yesterday, who knows, I might've seen my grandmother alive one last time! But the path to immigration isn't all smooth, you see

[Inky 1,110]

Why would you private message me to answer your questions on your thread. You entered on a B2 visa, not on a family based visa, you are posting in the wrong section.

The whole thing sounds like a giant mess and like something is going on since he was going to give you it then desided not to give you it, he must of thought something is up with what you were trying to do and didnt want to get caught up in the mess. Maybe he marked something on the file maybe he didnt. Still no idea why you private message me to answer on your thread?

[Kathryn41 3,205]

Topic moved from AOS from Family based visa to AOS from work, student and visitor visa forum:

_____________________________________________________

Moderator hat off:

I'm sorry for your loss .

While the circumstances are unusual and appear to put red flags on your file ( and yes, the 'front line officers at USCIS infopasses are full-fledged immigration officers and probably some of the more experienced ones), it sounds like you have the evidence to address those red flags.

If I understand it correctly:

You arrived in the US as a visitor, landing in Los Angeles with round trip tickets because you have close family there. Somewhere you met your wife, became engaged, and recently got married, . You and your wife live in Illinois. You applied for a green card.

Shortly after your marriage, you were invited to attend a family wedding in California. Your wife has a major exam commitment which was more of a priority for her but had no problems with you going to the wedding without her;

While visiting your family in California for the wedding, you received word that your grandmother back in India was ill. You still have your original return ticket and wanted to use it to go and see her so applied for an emergency AP.

The red flags: getting married after arriving in the US on a visitors visa; having immediate family already resident in the US; attending a family function shortly after marriage in another State with your family and without your wife; planning to return to India shortly after marriage and applying for the green card at an Immigration facility that does not have jurisdiction over your place of residency (Illinois); your wife is not accompanying you to India either.

You've said you have evidence that proves your invitation to the wedding (is it addressed to you and your wife?); evidence that proves your wife was not able to leave to attend the wedding; evidence of your grandmother's illness and now her death, and evidence that you have family in California.

You can try going back to the Los Angeles office with the death certificate but you should be prepared for them to now ask, why do you need to go back since she has already died. If you do want to try going this route, you should definitely bring all of the evidence that you say you have (you had proof with you that your wife couldn't join you for the wedding? or did your wife fax it to you?) , copies of the tickets (arrival and return); a letter from your wife explaining she would loved to have accompanied you to the family wedding but had prior commitments that prevented her from coming but didn't think that you should have to miss the wedding because of her as well as a statement why she is not able to accompany you to the funeral of your grandmother (she should also include her contact information); your grandmother's death certificate and any documentary evidence you can get about funeral arrangements; evidence that your parents/brother have gone or are going to India for this reason as well (and if they are not, USCIS might question why you need to so be prepared) and information about when you plan to return to the US. They may or may not allow you to continue at this office and may insist that you apply at the office which has jurisdiction over your application, in which case, even though it is time-consuming , etc. you should make arrangements for an infopass there.

Regarding your final AOS interview? Be prepared for the situation to come up but if you have the evidence you've indicated, you should be able to address their concerns - especially if you are well supported by your wife.

Good luck.

Edited September 5, 2010 by Kathryn41

[mathranik 2]

Topic moved from AOS from Family based visa to AOS from work, student and visitor visa forum:

_____________________________________________________

Moderator hat off:

I'm sorry for your loss .

While the circumstances are unusual and appear to put red flags on your file ( and yes, the 'front line officers at USCIS infopasses are full-fledged immigration officers and probably some of the more experienced ones), it sounds like you have the evidence to address those red flags.

If I understand it correctly:

You arrived in the US as a visitor, landing in Los Angeles with round trip tickets because you have close family there. Somewhere you met your wife, became engaged, and recently got married, . You and your wife live in Illinois. You applied for a green card.

Shortly after your marriage, you were invited to attend a family wedding in California. Your wife has a major exam commitment which was more of a priority for her but had no problems with you going to the wedding without her;

While visiting your family in California for the wedding, you received word that your grandmother back in India was ill. You still have your original return ticket and wanted to use it to go and see her so applied for an emergency AP.

The red flags: getting married after arriving in the US on a visitors visa; having immediate family already resident in the US; attending a family function shortly after marriage in another State with your family and without your wife; planning to return to India shortly after marriage and applying for the green card at an Immigration facility that does not have jurisdiction over your place of residency (Illinois); your wife is not accompanying you to India either.

You've said you have evidence that proves your invitation to the wedding (is it addressed to you and your wife?); evidence that proves your wife was not able to leave to attend the wedding; evidence of your grandmother's illness and now her death, and evidence that you have family in California.

You can try going back to the Los Angeles office with the death certificate but you should be prepared for them to now ask, why do you need to go back since she has already died. If you do want to try going this route, you should definitely bring all of the evidence that you say you have (you had proof with you that your wife couldn't join you for the wedding? or did your wife fax it to you?) , copies of the tickets (arrival and return); a letter from your wife explaining she would loved to have accompanied you to the family wedding but had prior commitments that prevented her from coming but didn't think that you should have to miss the wedding because of her as well as a statement why she is not able to accompany you to the funeral of your grandmother (she should also include her contact information); your grandmother's death certificate and any documentary evidence you can get about funeral arrangements; evidence that your parents/brother have gone or are going to India for this reason as well (and if they are not, USCIS might question why you need to so be prepared) and information about when you plan to return to the US. They may or may not allow you to continue at this office and may insist that you apply at the office which has jurisdiction over your application, in which case, even though it is time-consuming , etc. you should make arrangements for an infopass there.

Regarding your final AOS interview? Be prepared for the situation to come up but if you have the evidence you've indicated, you should be able to address their concerns - especially if you are well supported by your wife.

Good luck.

Consider it my ignorance, but I have just one more question - How does having immediate family already resident in the US put up a red flag? Thank you!

[Boiler 45,486]

There seems to be a lot of non relevant issues introduced here.

He is eligible for AP.

The issue is getting Emergency AP

The reason sound very valid to me.

Immigration is Federal so I can not see why it matters which office he approaches.

Emergency AP is discretionary.

No account is taken as to the validity or eligibility of the Adjustment process when applying for for AP when issuing it.

Some layers do not like it no matter what you situation as you are paroled back in rather than admitted.

[Kathryn41 3,205]

Consider it my ignorance, but I have just one more question - How does having immediate family already resident in the US put up a red flag? Thank you!

Some immigration officers consider it a red flag when a person has very close relatives living in the US - such as parents and siblings - and may question if the marriage was a real marriage or if it was used as a means to re-unite with family members when another immigrant visa type is not an option - or is not a timely option. It is often more of a red flag at a case being processed overseas at a Consulate than in the US, but it is still a consideration. Having known your wife for many years before deciding to get married, however, helps to off set some of that concern. It would be more of a red flag if you had only recently met the woman and she was living close to your family in the US .

Edited September 5, 2010 by Kathryn41

[mathranik 2]

Some immigration officers consider it a red flag when a person has very close relatives living in the US - such as parents and siblings - and may question if the marriage was a real marriage or if it was used as a means to re-unite with family members when another immigrant visa type is not an option - or is not a timely option. It is often more of a red flag at a case being processed overseas at a Consulate than in the US, but it is still a consideration. Having known your wife for many years before deciding to get married, however, helps to off set some of that concern. It would be more of a red flag if you had only recently met the woman and she was living close to your family in the US .

Thank you My case, as can be seen, did not start processing outside US. I had no intentions to immigrate when I came to US, but then we got married in US as our parents were all here and were ready for it happily, and then she applied for my case. Thanks a lot for your honest help here. I would keep you posted on my case, and seek more advice as required. I appreciate your replies!

[JimVaPhuong 4,863]

There seems to be a lot of non relevant issues introduced here.

He is eligible for AP.

The issue is getting Emergency AP

The reason sound very valid to me.

Immigration is Federal so I can not see why it matters which office he approaches.

Emergency AP is discretionary.

No account is taken as to the validity or eligibility of the Adjustment process when applying for for AP when issuing it.

Some layers do not like it no matter what you situation as you are paroled back in rather than admitted.

Yes, it would seem like it should be straightforward, wouldn't it? It wasn't. He applied for emergency AP and the field office in San Berdoo put him through the meat grinder, and then told him to go back to Illinois and apply there. Other members, including myself, are reading his description of what transpired at the USCIS field and trying to figure out what was going through their minds. Unless there is a complex "behind the scenes" story to explain what happened, it's difficult to conclude that their reasoning didn't have anything to do with his adjustment of status application.

Yes, it shouldn't matter which field office he applies at. In fact, it's an emergency so it would make sense that he would apply at the nearest field office. Yet, they specifically asked him what he was doing in California, when did he arrive, when was he going back to Illinois. Obviously, these are irrelevant questions for an emergency AP application. Either the IO was just making conversation, or he was suspecting something and was fishing for evidence.

Like we do with interviews at US consulates, we have to look at the questions and actions of the immigration officer and try to guess what they're suspicious of.

[mathranik 2]

There seems to be a lot of non relevant issues introduced here.

He is eligible for AP.

The issue is getting Emergency AP

The reason sound very valid to me.

Immigration is Federal so I can not see why it matters which office he approaches.

Emergency AP is discretionary.

No account is taken as to the validity or eligibility of the Adjustment process when applying for for AP when issuing it.

Some layers do not like it no matter what you situation as you are paroled back in rather than admitted.

Thanks for your response. I would like to think of it as a straight-forward situation as well, where genuinely the tragedy struck my family while I was in California and Not in Illinois, of which I have genuine documentary proof - every single event has a document to prove it, and those are with me. My tickets, wedding invitation, my wife's USMLE exam, my grandmother's death! I think the immigration officer was trying to push me back to IL, just when he was ready to give me the AP he said it is out of his jurisdiction!

One Question though : Could you explain this a bit more:

"Some layers do not like it no matter what you situation as you are paroled back in rather than admitted."

Yes, it would seem like it should be straightforward, wouldn't it? It wasn't. He applied for emergency AP and the field office in San Berdoo put him through the meat grinder, and then told him to go back to Illinois and apply there. Other members, including myself, are reading his description of what transpired at the USCIS field and trying to figure out what was going through their minds. Unless there is a complex "behind the scenes" story to explain what happened, it's difficult to conclude that their reasoning didn't have anything to do with his adjustment of status application.

Yes, it shouldn't matter which field office he applies at. In fact, it's an emergency so it would make sense that he would apply at the nearest field office. Yet, they specifically asked him what he was doing in California, when did he arrive, when was he going back to Illinois. Obviously, these are irrelevant questions for an emergency AP application. Either the IO was just making conversation, or he was suspecting something and was fishing for evidence.

Like we do with interviews at US consulates, we have to look at the questions and actions of the immigration officer and try to guess what they're suspicious of.

I wish my fellow VJ members could trust my situation, rather than think the way an IO might've thought in a worst-case scenario. That's how once can help others here. As I said, I had a genuine case here, and I still do. We may hope that he was just making a conversation, since he was ready to give me the AP and then looked at the watch, before asking me to come back on tuesday! And then when he asked me when I was going to go to IL, he concluded by saying this office is out of the jurisdiction and that I should apply in IL.

[ValerieA 350]

I wish my fellow VJ members could trust my situation, rather than think the way an IO might've thought in a worst-case scenario. That's how once can help others here. As I said, I had a genuine case here, and I still do. We may hope that he was just making a conversation, since he was ready to give me the AP and then looked at the watch, before asking me to come back on tuesday! And then when he asked me when I was going to go to IL, he concluded by saying this office is out of the jurisdiction and that I should apply in IL.

I'm sure your situation is legit, everyone is just trying to warn you of what the IO might have been thinking, and what you should therefore prepare for. We're trying to help, and often that means we have to abandon sunshine and rainbows and get down to brass tacks.

I haven't seen what your entry date and, more importantly, how long border patrol allowed you to be here. If you are on overstay at all, it would be quite risky to leave the country. Even if AP is approved, the border guards could refuse you entry back into the US if you have overstayed a previous visit.

[mathranik 2]

I'm sure your situation is legit, everyone is just trying to warn you of what the IO might have been thinking, and what you should therefore prepare for. We're trying to help, and often that means we have to abandon sunshine and rainbows and get down to brass tacks.

I haven't seen what your entry date and, more importantly, how long border patrol allowed you to be here. If you are on overstay at all, it would be quite risky to leave the country. Even if AP is approved, the border guards could refuse you entry back into the US if you have overstayed a previous visit.

I understand, and I have to add that VJ members are the ones who helped me the most filing my I-130 and AOS, and I thank them all for the help. This is the best forum, and almost everyone is very helpful, honest and friendly.

I came into the US on the 5th of March, and my stay was valid until 1st of September. My AOS and I-130 were filed a month before my I-94 expired, and hence I never over-stayed. I never would. Even though somehow the overstay has become slightly tolerable and almost 'allowed', it always has come up to me like a big crime! Anything illegal is not my cup of tea.

Thank you for your reply. I would hope to hear more from you.