InfoPass appointment: is it safe to meet with USCIS to discuss?

[Tiggy-JIggy 0]

Hello all, as a follow on from the topic I had posted here, I wanted to ask if, as a last resort, it would be safe to set up an InfoPass and speak to USCIS to ask their opinion about leaving and re-entering?

Or is that dangerous since it might draw unnecessary attention to her situation?

[Harpa Timsah 13,258]

You were already told she can't use AP because she was out of status for so long she will incur a ban.

[Inky 1,110]

Someones opinion at USCIS means nothing to the CBP. You cannot use AP.

so either

A, you let her leave and she is banned from the USA.

B, she stays here and is not banned from the USA.

[ceadsearc 516]

Asking isn't going to cause problems, but it also doesn't change the fact that even if someone at USCIS tells you it's okay, CBP is almost guaranteed to not let her back in and they won't care that USCIS said it was okay. The AP form also clearly states that leaving triggers a ban, which requires a waiver to overcome, so even if she were on some off chance allowed back in, she would now have to get a waiver to be allowed to adjust status and that waiver is very hard to come by.

[Tiggy-JIggy 0]

Thanks all for the replies. (Even the snappy one from Harpa!).

She has decided to stay put.

[Soapz 14]

Maybe to clear things up for your friend:

Her visa is only an entry permit that can be used to enter the US. Immigration does not have to permit entry just because she has a visa if they find other reasons to deny entry. Being out of status is such a reason.

I-94 - D/S entry: This is only valid with the I-20 (filled out and updated by the school) that states the expected time-frame for the intended degree. In order to keep the I-20 up to date and be reported to the SEVIS database the student must be enrolled full time each semester. If the student is not enrolled full-time -> out of status (no matter what the visa says).

Which means she was out of status 30 days after she stopped going to school. Nothing changes that until she files her AOS. It is of no concern at this point how long her visa is valid. To leave the country and re-enter she needs an advanced parole like all the others said.

Hope that helps.