Red flag for expediting Advance Parole?

[Boiler 45,486]

He was not dealing with an office, he was dealing with an individual at an office.

This persons knowledge etc may be limited.

I have seen many cases where the reaction makes no sense, either for or against.

[mathranik 2]

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

I wanted to know what this meant for my case

He was not dealing with an office, he was dealing with an individual at an office.

This persons knowledge etc may be limited.

I have seen many cases where the reaction makes no sense, either for or against.

This is heartening to know! Thanks.

[JimVaPhuong 4,863]

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 never doubted your situation was real. I'm convinced that it's real, and you've got valid explanations for everything the IO brought up. I'm sure everyone feels the same way.

Something obviously went very wrong at your infopass appointment. You asked if there were any red flags in your circumstances. Obviously, the IO thought there were. I was trying to figure out what those red flags were based on your description of the events. You asked if you should go back with the death certificate. Based on your experience the first time you went there, I suggested it probably wouldn't make any difference. The IO already told you that you should return to Illinois to apply for the emergency AP. As I said previously, I don't think he is doubting the emergent nature of your request, so I don't think he's going to change his mind if you return with the death certificate.

I could tell you, like some others, that none of the factors I brought up should make any difference in your AP application. It's true that they shouldn't matter, but something obviously mattered a great deal to that IO. Based on his questions and comments to you, it seems that whatever was bothering him had nothing to do with why you were asking for AP, and everything to do with the fact that you are in California while your wife and home are back in Illinois.

So, you could go back to the field office in S.B. on Tuesday and try to argue with the IO. Maybe you'll succeed. Maybe not. Or, you could go back to Chicago and go to the field office there with your wife. I'm guessing you'll get much better results with the second option.

BTW, I think Boiler meant "lawyers" and not "layers". I think he's saying that lawyers don't like their clients using AP because of the nature of entry. Being "admitted" means you were inspected by an immigration officer and allowed to enter the US. Being "paroled" means you were given special permission to enter when you would otherwise not be eligible to enter.

[Boiler 45,486]

I missed the w.

I think it is probably one of those issues Lawyers could discuss till kingdom comes.

I know many take the view that giving up the rights that differentiate between being admitted and paroled is just not worth it in any situation.

I travelled on AP, I did not think it was a big deal in my circumstances.

[Darnell 8,478]

mathranik- the only comment that I have, is this -

you are filing an AOS case, adjusting from a TOURIST VISA (B-2)

The 'general rule of thumb' is not NOT leave USA until you have 'green card' in hand.

Yer putting yerself at risk, IMO, to

--not be admitted back into the USA, because you've overstayed on the B-2 visa

--you've clearly showed immigration intent, after coming in with a B-2.

IMO, choose one or the other - ie

--stay in USA till greencard in hand or

--go to India immediately, compute any overstays , see what the ramifications will be based on the B-2 overstay guidelines.

Yer trying for 'something in the middle', and, again IMO, this is a huge red flag for any IO, regardless of the field office location, based on yer current visa, it's status, and the fact that yer filing an AOS packet.

Good Luck, whatever happens. No, I'm not gonna substantiate my point, but will reiterate - is 'general rule of thumb' to NOT leave USA until 'green card' in hand, when adjusting from a B-2 visa.

[desert_fox 32]

LOet's see..

You entered as a B-2 and now you're trying to adjust status. You want an emergency AP.

Someone correct me if Im wrong. You entered as a B-2 and you are considered a B- 2 until your status is adjusted (which will probably be successful).

Now you want to re-enter as a B-2 under a visa that has expired using an emergency AP.

Since CBP will know that you are trying to adjust status as a B-2....I sure as hell would not do it without talking to a qualified IMMIGRATION attorney.

you could easily be refused admittance and told to use th Consuloate in India.

[Boiler 45,486]

Someone correct me if Im wrong. You entered as a B-2 and you are considered a B- 2 until your status is adjusted (which will probably be successful).

You are wrong.

[desert_fox 32]

You are wrong.

as usual

so enlighten us as to what he should expect, as I have been thru a similar situation......although it wasn't a B-2

Edited September 5, 2010 by desert_fox

[mathranik 2]

I never doubted your situation was real. I'm convinced that it's real, and you've got valid explanations for everything the IO brought up. I'm sure everyone feels the same way.

Something obviously went very wrong at your infopass appointment. You asked if there were any red flags in your circumstances. Obviously, the IO thought there were. I was trying to figure out what those red flags were based on your description of the events. You asked if you should go back with the death certificate. Based on your experience the first time you went there, I suggested it probably wouldn't make any difference. The IO already told you that you should return to Illinois to apply for the emergency AP. As I said previously, I don't think he is doubting the emergent nature of your request, so I don't think he's going to change his mind if you return with the death certificate.

I could tell you, like some others, that none of the factors I brought up should make any difference in your AP application. It's true that they shouldn't matter, but something obviously mattered a great deal to that IO. Based on his questions and comments to you, it seems that whatever was bothering him had nothing to do with why you were asking for AP, and everything to do with the fact that you are in California while your wife and home are back in Illinois.

So, you could go back to the field office in S.B. on Tuesday and try to argue with the IO. Maybe you'll succeed. Maybe not. Or, you could go back to Chicago and go to the field office there with your wife. I'm guessing you'll get much better results with the second option.

BTW, I think Boiler meant "lawyers" and not "layers". I think he's saying that lawyers don't like their clients using AP because of the nature of entry. Being "admitted" means you were inspected by an immigration officer and allowed to enter the US. Being "paroled" means you were given special permission to enter when you would otherwise not be eligible to enter.

I would actually saying that I would go to the Los Angeles Field office, and definitely not San Bernardino considering the previous experience I had! But what you have said here makes complete sense, and I thank you for the honest opinion. I would keep you posted, definitely.

I missed the w.

I think it is probably one of those issues Lawyers could discuss till kingdom comes.

I know many take the view that giving up the rights that differentiate between being admitted and paroled is just not worth it in any situation.

I travelled on AP, I did not think it was a big deal in my circumstances.

Were your circumstances very different than mine? And if I ask you personally (out of your vast experience in these issues), would you advice me to travel on Advance Parole? I never overstayed on my B2.

mathranik- the only comment that I have, is this -

you are filing an AOS case, adjusting from a TOURIST VISA (B-2)

The 'general rule of thumb' is not NOT leave USA until you have 'green card' in hand.

Yer putting yerself at risk, IMO, to

--not be admitted back into the USA, because you've overstayed on the B-2 visa

--you've clearly showed immigration intent, after coming in with a B-2.

IMO, choose one or the other - ie

--stay in USA till greencard in hand or

--go to India immediately, compute any overstays , see what the ramifications will be based on the B-2 overstay guidelines.

Yer trying for 'something in the middle', and, again IMO, this is a huge red flag for any IO, regardless of the field office location, based on yer current visa, it's status, and the fact that yer filing an AOS packet.

Good Luck, whatever happens. No, I'm not gonna substantiate my point, but will reiterate - is 'general rule of thumb' to NOT leave USA until 'green card' in hand, when adjusting from a B-2 visa.

Did I overstay on my B2? My I-94 was valid until 1st of September, and I filed for my AOS on the 10th of August. Did I still overstay? I totally respect your concern, and your honest opinion in this regard, but I wanted you to know the facts. After applying for AOS before I-94 expires, does living beyond the date of I-94 deemed over-staying?

I thank you for your reply. I appreciate you taking time out for my issue. Waiting for further reply from your end.

LOet's see..

You entered as a B-2 and now you're trying to adjust status. You want an emergency AP.

Someone correct me if Im wrong. You entered as a B-2 and you are considered a B- 2 until your status is adjusted (which will probably be successful).

Now you want to re-enter as a B-2 under a visa that has expired using an emergency AP.

Since CBP will know that you are trying to adjust status as a B-2....I sure as hell would not do it without talking to a qualified IMMIGRATION attorney.

you could easily be refused admittance and told to use th Consuloate in India.

Isn't the B2 visa no longer valid once I have applied for AOS and immigration? If I enter on Advance Parole, I don't think I would be using my 'visitor visa' anymore. Can someone please enlighten us both on it?

[Darnell 8,478]

Did I overstay on my B2? My I-94 was valid until 1st of September,

yup, if you left after 1st september , even with AP document in hand -

it's still an overstay on the B-2 visa

WHICH IS NORMALLY forgiven when the green card is issued, usually not prior.

although 'advanced parole' is supposed to 'grant you special permission to come back in' -

it doesn't waive the OVERSTAY, at all. It will then be 'up to ' the CBP officer, when you return to USA, to let you back into the USA, or not. Sure, you'll be able to GET ON THE PLANE in India, to return, but is no guarantee of 'coming back the US Immigration portal' at the POE, once yer off the plane.

of course, leaving NOW without any document in hand, would 'appear' to USCIS as you are abandoning the AOS filing, and you prolly won't be let back in again (oops! you've already shown immigrant intent).

this is a tough road to walk, absolutely !

Edited September 6, 2010 by Darnell

[mathranik 2]

yup, if you left after 1st september , even with AP document in hand -

it's still an overstay on the B-2 visa

WHICH IS NORMALLY forgiven when the green card is issued, usually not prior.

although 'advanced parole' is supposed to 'grant you special permission to come back in' -

it doesn't waive the OVERSTAY, at all. It will then be 'up to ' the CBP officer, when you return to USA, to let you back into the USA, or not. Sure, you'll be able to GET ON THE PLANE in India, to return, but is no guarantee of 'coming back the US Immigration portal' at the POE, once yer off the plane.

of course, leaving NOW without any document in hand, would 'appear' to USCIS as you are abandoning the AOS filing, and you prolly won't be let back in again (oops! you've already shown immigrant intent).

this is a tough road to walk, absolutely !

Hmmm! This makes for an interesting read, and an even more interesting scenario to ponder over! Strange though, since when someone I know applied for 'extension of stay' over his I-94 before it expired, USCIS informed that he would not have overstayed till the decision on his extension of stay I-539 application was pending, even if he stayed beyond the expiry of his I94. They categorically denied the 'over-stay' part. That gave me an indication that one is not said to have over-stayed on his visa while an Adjustment/Change/Extension of Status Application is pending for decision/review with the authorities. I know it may be irrelevant to have been brought up in discussion here, but one gets the drift. But if what you say is correct, I stand corrected! And for my good!

I would like to believe what you say, but I would equally love another couple of senior members to agree with you here, so that my belief goes cemented!

Thanks for your reply though

[JimVaPhuong 4,863]

Hmmm! This makes for an interesting read, and an even more interesting scenario to ponder over! Strange though, since when someone I know applied for 'extension of stay' over his I-94 before it expired, USCIS informed that he would not have overstayed till the decision on his extension of stay I-539 application was pending, even if he stayed beyond the expiry of his I94. They categorically denied the 'over-stay' part. That gave me an indication that one is not said to have over-stayed on his visa while an Adjustment/Change/Extension of Status Application is pending for decision/review with the authorities. I know it may be irrelevant to have been brought up in discussion here, but one gets the drift. But if what you say is correct, I stand corrected! And for my good!

I would like to believe what you say, but I would equally love another couple of senior members to agree with you here, so that my belief goes cemented!

Thanks for your reply though

When your I-485 was accepted by USCIS then your lawful presence was no longer based on your I-94, but on your pending I-485. You were granted a "period of authorized stay" by the pending I-485.

Depending on how you entered the US, that "period of authorized stay" generally doesn't permit you to leave and reenter the US. There are exceptions, such as persons adjusting from a K3 visa. For persons who don't fall under one of those exceptions (a B2 visitor would not) then leaving the US and attempting to reenter would result in the AOS application being abandoned, which terminates your "period of authorized stay", and you would be denied entry. Having an AP allows you to be "paroled" back into the US without abandoning the adjustment of status and losing your "period of authorized stay". In other words, you're "paroled" because you would otherwise be ineligible to reenter.

Now, if you were lawfully present when you applied for AOS, and your AOS was ultimately denied for a reason other than a deportable inadmissibility, and if your previous basis for lawful presence were still valid (i.e., your I-94 or other authorization had not expired) then you would revert back to your previous status after the AOS were denied. If you were NOT lawfully present when you applied for AOS, or your basis for lawful presence expired while your AOS was being adjudicated, then you will become "out of status" if your AOS is denied. You're usually given 30 days to voluntarily depart before they begin removal proceedings.

Darnell is technically incorrect on this. The overstay clock stops when your AOS application is accepted. If you didn't accrue any overstay before the AOS application was accepted, then you won't be accruing any overstay while the AOS application is pending. This doesn't mean your I-94 can't expire while your AOS is pending because it most certainly CAN expire. It just means that, temporarily, you aren't riding the I-94 train anymore. You switched to the AOS pending train, and you'll continue to ride that train until your AOS is approved or denied. The I-94 train continues to run, but without you riding it. If the I-94 trains runs out of gas and expires before your AOS is adjudicated then you won't be able to get back on that train if your AOS is ultimately denied.

Hope that makes sense!

[mathranik 2]

When your I-485 was accepted by USCIS then your lawful presence was no longer based on your I-94, but on your pending I-485. You were granted a "period of authorized stay" by the pending I-485.

Depending on how you entered the US, that "period of authorized stay" generally doesn't permit you to leave and reenter the US. There are exceptions, such as persons adjusting from a K3 visa. For persons who don't fall under one of those exceptions (a B2 visitor would not) then leaving the US and attempting to reenter would result in the AOS application being abandoned, which terminates your "period of authorized stay", and you would be denied entry. Having an AP allows you to be "paroled" back into the US without abandoning the adjustment of status and losing your "period of authorized stay". In other words, you're "paroled" because you would otherwise be ineligible to reenter.

Now, if you were lawfully present when you applied for AOS, and your AOS was ultimately denied for a reason other than a deportable inadmissibility, and if your previous basis for lawful presence were still valid (i.e., your I-94 or other authorization had not expired) then you would revert back to your previous status after the AOS were denied. If you were NOT lawfully present when you applied for AOS, or your basis for lawful presence expired while your AOS was being adjudicated, then you will become "out of status" if your AOS is denied. You're usually given 30 days to voluntarily depart before they begin removal proceedings.

Darnell is technically incorrect on this. The overstay clock stops when your AOS application is accepted. If you didn't accrue any overstay before the AOS application was accepted, then you won't be accruing any overstay while the AOS application is pending. This doesn't mean your I-94 can't expire while your AOS is pending because it most certainly CAN expire. It just means that, temporarily, you aren't riding the I-94 train anymore. You switched to the AOS pending train, and you'll continue to ride that train until your AOS is approved or denied. The I-94 train continues to run, but without you riding it. If the I-94 trains runs out of gas and expires before your AOS is adjudicated then you won't be able to get back on that train if your AOS is ultimately denied.

Hope that makes sense!

Thanks a lot. That's a great way to explain this issue. Wow, man!

I feel what you have said is almost completely true, but I had just one contradictory belief -- Once a person applies for I-130 and I-485, the B2 visitor visa stands cancelled. It may no longer be used! So if my AOS/I-130 is rejected, I would be given 30 days to leave the country, but I would have to get a new B2 visitor visa issued back home (if they give me one, i.e.) if I wish to come back to US.

And my major point in my last post has been answered well by you - which basically translated into the fact that until my AOS is rejected, I would NOT have over-stayed in the US, and thus coming back on Advance Parole would not be an issue atleast on the 'overstay' part. I ofcourse understand that it would be the discretion of the CBP at the POE to either send me back or allow me in, depending on my circumstances, but I would not have 'over-stayed' in my stay currently.

Do I understand correctly? Thank you everyone!

[justashooter 430]

My wife is very very close to me, and very co-operative. We have known each other for 8 long years now, and my visit to US this time made our relationship turn into marriage. It was not planned, and I had no intentions of immigrating when I came to US.

some of us are not convinced. you should be expecting an interesting AOS interview, i suppose.

[Boiler 45,486]

He has not said anything that suggests that he should have other than a normal interview for adjustment.

JimVaPhuong dealt with the other issues better than I could have phrased it.