LPR or no LPR????

[Darnell 8,478]

Laurel Scott has a free chat on Wednesdays in the morning.

http://www.scottimmigration.net/content/about-us

http://www.scottimmigration.net/content/about-us

http://www.scottimmigration.net/content/about-us

[redskins47chaos 6]

Thanks Darnell! So I found this on the USCIS website, can anybody explain what the very last line means?? Not really hoping for anything at this point but just trying to understand...

Advance parole is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company (airlines) instead of a visa as an authorization to travel to the United States.

An advance parole document does not replace your passport.

Advance parole is most commonly used when someone has Form I-485, Application to Register Permanent Residence or to Adjust Status, pending. If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses.

another interesting link: http://www.murthy.com/2013/07/02/i-485-approval-during-international-travel-2/

It mentions "piority dates"....what exactly are they???

Edited October 17, 2013 by redskins47chaos

[Harpa Timsah 13,258]

The narrow definition is people who have valid H or L status while AOSing. Not you. We are sure that your GC was issued in error. I think the relevant law was posted already here somewhere.

[redskins47chaos 6]

OK I get it...but what you're saying is that they would not have approved my GC had they known that I left the country...well I notified them, not once but twice that I left. The first time by returning the card with a note and the second time when I called the USCIS. Clearly they think I can use it. I am not saying they are right but what should I do? I realize that nobody has the right answer but you'd think the USCIS would know. I emailed the ombudsman but havent heard anything back so far.

[Harpa Timsah 13,258]

Obviously the wires crossed.

I already put my opinion on the matter, twice. Others have put theirs. I think we all agree that this is beyond DIY and requires a lawyer. I would wait for the ombudsman to get back to you too. Good luck.

[redskins47chaos 6]

I just called the USCIS again and got a different person on the phone who... again, assured me that I would be perfectly fine traveling with the GC that was issued to me. She said that AP was only needed as a mean to re-enter the US if you don't have a Green Card but it doesn't automatically abandon the application if you leave without it. Her words not mine! She is probably wrong. Anyways, I asked to speak to a tier 2 person and they should call me back in 45 minutes. Hopefully I get to speak to somebody who knows what they're talking about.

[Harpa Timsah 13,258]

I would tell them the following:

"I left the US with I-485 pending, which should have formally abandoned my I-485 application.

However, after I left the US, my I-485 was approved. It appears they did not realize I had departed the US and abandoned the application.

So, I know the GC was approved in error. But I am having trouble getting USCIS to see that, so I can get a new spousal visa."

Don't mention AP; I think that is confusing people. And don't talk to the people who answer the phone. They know nothing and don't even work for USCIS - they are subcontractors. Tier 2 at least, but this is probably going to take the ombudsman to sort out.

I am sure it is very frustrating. My thoughts are with you. Good luck.

Edited October 17, 2013 by Harpa Timsah

[redskins47chaos 6]

I would tell them the following:

"I left the US with I-485 pending, which should have formally abandoned my I-485 application.

However, after I left the US, my I-485 was approved. It appears they did not realize I had departed the US and abandoned the application.

So, I know the GC was approved in error. But I am having trouble getting USCIS to see that, so I can get a new spousal visa."

Don't mention AP; I think that is confusing people. And don't talk to the people who answer the phone. They know nothing and don't even work for USCIS - they are subcontractors. Tier 2 at least, but this is probably going to take the ombudsman to sort out.

I am sure it is very frustrating. My thoughts are with you. Good luck.

I called them back and finally spoke with somebody who seemed to know more about the process...(he was not a tier 2 officer though) He FINALLY understood and acknowledged that leaving without AP should have denied my AOS application. Now he said that my GC should not have been delivered in the first place but that if I had it in hands I could very much re-enter with it. He said it would be up to the CBP officers whether to let me in or not.

He said filing a new spousal visa application would probably not be an issue at this point as it is a separate application.

I am definitely not going to risk being denied entry with the current GC. I will try to re-contact the ombudsman and see what they say though. He also advised me to contact my embassy and see what they could do....although the answer is not much in my opinion lol

Thank you Harpa Timsah, I appreciate your help!

[didopage 337]

He said filing a new spousal visa application would probably not be an issue at this point as it is a separate application.

I am personally not sure of that. You will have to disclaim your A# number on the spousal visa form (well, even if you don't put it, they will found you in their database), and at that point, they will see that you "are" (in their system) a permanent resident (because still, they don't know you left the US before your AOS got approved) and may wonder why you want a spousal visa.

When you file for the visa, make sure that you include a letter explaining the situation...

[Darnell 8,478]

Thanks Darnell! So I found this on the USCIS website, can anybody explain what the very last line means?? Not really hoping for anything at this point but just trying to understand...

Advance parole is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company (airlines) instead of a visa as an authorization to travel to the United States.

An advance parole document does not replace your passport.

Advance parole is most commonly used when someone has Form I-485, Application to Register Permanent Residence or to Adjust Status, pending. If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses.

another interesting link: http://www.murthy.com/2013/07/02/i-485-approval-during-international-travel-2/

It mentions "piority dates"....what exactly are they???

I really think none of that applies to you in the exception category.

Please understand, you've gotten exceptionally lucky and the green card was issued. This is a case of the left hand (USCIS) not sharing data with the right hand (CBP) and you got exceptionally lucky, as the green card was issued.

IMO, for now, just come across using your green card.

Suss out any further issues once you are in the USA. It may be there are NO issues after you return, or it may be that you two have to apply for yet another AOS set (I-130 + I-485) if you'd like to maintain USA Legal Permanent Residency.

Also, IMO, CBP will let you in on your green card.

I do understand, it's a monetary risk you'll be taking, just to rely on my opinion. Keep seeking other opinions !!!

[redskins47chaos 6]

I really think none of that applies to you in the exception category.

Please understand, you've gotten exceptionally lucky and the green card was issued. This is a case of the left hand (USCIS) not sharing data with the right hand (CBP) and you got exceptionally lucky, as the green card was issued.

IMO, for now, just come across using your green card.

Suss out any further issues once you are in the USA. It may be there are NO issues after you return, or it may be that you two have to apply for yet another AOS set (I-130 + I-485) if you'd like to maintain USA Legal Permanent Residency.

Also, IMO, CBP will let you in on your green card.

I do understand, it's a monetary risk you'll be taking, just to rely on my opinion. Keep seeking other opinions !!!

Thanks for your input! If I was certain I could re-enter on the GC and only had to re-apply for AOS once in the States, I would do it in a heartbeat! The problem is that at this point, I don't have certainty that I will be let in at POE...not even the USCIS itself was able to tell me if my GC is valid or not. That kind of baffles me but whatever. The problem with this scenario is that if they do admit that my GC isn't valid after I'm in the States, how could they let me re-apply for AOS since technically, I would've been let in "illegally". It just gets really complicated and I'd rather re-apply for an immigrant visa altogether rather than be deported later on lol

Idk, I'm gonna try to gather different opinions though. I've been emailing a few lawyers and am still waiting to hear from the ombudsman. The USCIS employee I had on the phone last time said the GC shouldn't have been delivered to somebody else (my mother in law) and that the other USCIS lady shouldn't have mailed the GC back to our address since they can only do that when the applicant is in the US. They keep screwing up, it's not even funny.

Edited October 21, 2013 by redskins47chaos

[Harpa Timsah 13,258]

I don't think it is illegal or misrep. You enter the US on a valid GC. Most people wouldn't know it is not valid. There is a chance you get turned away at the border, that is true. But that also solves your problem because your GC would be taken away, leaving you free to get a spousal visa.

[redskins47chaos 6]

I don't think it is illegal or misrep. You enter the US on a valid GC. Most people wouldn't know it is not valid. There is a chance you get turned away at the border, that is true. But that also solves your problem because your GC would be taken away, leaving you free to get a spousal visa.

That is a good point! Although it'd be easier to just give the GC away at the embassy, it would save me a couple plane tickets lol What if I'm let in? I'd still have to notify the USCIS, I don't want them finding out when applying for citizenship. So complicated, UGH!

[Harpa Timsah 13,258]

My plan, as I already suggested straight away, was to go to the US, then go to USCIS and say "Hey, you messed up, what do I do?" and worst case would be you have to refile I-130 and I-485. I think it was post 3. Then we debated it some. I still stand by my idea.

[redskins47chaos 6]

Just got off the phone with a tier 2 officer...he said he couldn't see if my GC was valid or not. He said I'd have to come home first and then make an infopass appointment and see. I then called the CBP hotline and the lady said I would be let in if I had a Green Card in hand but if they see the dates (I left July 8th and the card says resident since July 20) then I would be sent in front of an immigration judge who would decide if I can stay or not...