EAD/I-94 Question

[am1996 0]

Happy New Year!

As you can tell from our signature, our AOS is still pending. Upon making inquiries regarding its status we were told that the name check has come back but that the AOS application is still at NBC since Atlanta DO is backed up. Accordingly, out of an abundance of caution, we have decided to file for EAD (my wife won't need it until July 1, 2007).

Question 13 of I-765 asks us to list the "place of last entry into the US." We last re-entered (my wife used AP) the US through a CBP station in Ottawa, Canada. So, is question 13 asking for the place of last "legal" entry (in our case, it's Ottawa, Canada), the last place of "physical" entry (Detroit, which we flew into), or the last place of our "final" entry (Atlanta, which was our final destination).

On a related note, we had initially used AP back in November for a trip to Canada. At that time the AP was stamped and my wife received an I-94. Upon our latest trip to Canada in December, the CBP told my wife that she did not need a new I-94 since the one from November was good for a year. They did handwrite a statement on her AP stating that she was re-paroled into the US. This is of purely academic interest to us at this point (she should receive her Green Card in the next couple of months, which will make the I-94 issue moot), but I was under the impression that each parole entry was for 12 months from the date of that entry, which is what the I-94 should evidence. If that's accurate, then she should've received a new I-94 upon her latest re-entry into the US (and should be receiving a new one each time she leaves and is re-paroled into the US), correct?

[John & Annie 0]

Happy New Year!

As you can tell from our signature, our AOS is still pending. Upon making inquiries regarding its status we were told that the name check has come back but that the AOS application is still at NBC since Atlanta DO is backed up. Accordingly, out of an abundance of caution, we have decided to file for EAD (my wife won't need it until July 1, 2007).

Question 13 of I-765 asks us to list the "place of last entry into the US." We last re-entered (my wife used AP) the US through a CBP station in Ottawa, Canada. So, is question 13 asking for the place of last "legal" entry (in our case, it's Ottawa, Canada), the last place of "physical" entry (Detroit, which we flew into), or the last place of our "final" entry (Atlanta, which was our final destination).

On a related note, we had initially used AP back in November for a trip to Canada. At that time the AP was stamped and my wife received an I-94. Upon our latest trip to Canada in December, the CBP told my wife that she did not need a new I-94 since the one from November was good for a year. They did handwrite a statement on her AP stating that she was re-paroled into the US. This is of purely academic interest to us at this point (she should receive her Green Card in the next couple of months, which will make the I-94 issue moot), but I was under the impression that each parole entry was for 12 months from the date of that entry, which is what the I-94 should evidence. If that's accurate, then she should've received a new I-94 upon her latest re-entry into the US (and should be receiving a new one each time she leaves and is re-paroled into the US), correct?

I believe the AP takes precedence, the authorization for parole is only given for one year, therefore, regardless of how many times you use the AP during the year, it still comes down to the dates of the original authorization.

Otherwise one could leave and re-enter the USA to "renew" the 12 month period, for as long as the AOS is pending.

This would make too much sense and would reduce to amount of fees paid to USCIS. After all, they are a self supporting agency.

[am1996 0]

I believe the AP takes precedence, the authorization for parole is only given for one year, therefore, regardless of how many times you use the AP during the year, it still comes down to the dates of the original authorization.

Otherwise one could leave and re-enter the USA to "renew" the 12 month period, for as long as the AOS is pending.

This would make too much sense and would reduce to amount of fees paid to USCIS. After all, they are a self supporting agency.

The AP itself contains a statement to the effect that each parole period shall not exceed one year. The parole period starts on the date of the entry and ends on the earlier of the parole period expiration or the parolee's departure from the US, correct? If that's the case, shouldn't a new I-94 be issued each time a person leaves and re-enters the US via AP? The AP document itself is only valid for 12 months, so there is no opportunity for abuse.

Does anyone have any thoughts about the correct way to answer Question 13 of I-765 (see my original post)?

[zyggy 9]

Question 13 of I-765 asks us to list the "place of last entry into the US." We last re-entered (my wife used AP) the US through a CBP station in Ottawa, Canada. So, is question 13 asking for the place of last "legal" entry (in our case, it's Ottawa, Canada), the last place of "physical" entry (Detroit, which we flew into), or the last place of our "final" entry (Atlanta, which was our final destination).

This is a trick question...This is a different circumstance than everyone else... normally, you are admitted to the US when you enter at the POE on US soil. In this case, one is Pre-Cleared for Admittance (in your case Parolled) at a PCI.. one isn't actually formally admitted (or parolled) to the US until they step on US soil... So in your case, your last entry to the US (where you were parolled) was in Detroit...but if you put Ottawa.. while not technically correct, is probably what everyone does and would not adversely impact your Application.

The AP itself contains a statement to the effect that each parole period shall not exceed one year. The parole period starts on the date of the entry and ends on the earlier of the parole period expiration or the parolee's departure from the US, correct? If that's the case, shouldn't a new I-94 be issued each time a person leaves and re-enters the US via AP? The AP document itself is only valid for 12 months, so there is no opportunity for abuse.

Yes.. you should have been issued a new I-94 each and every time you are parolled into the US.. just as one gets a new I-94 each and every time one enters the US on a visa... In practice this is not done when the parole is in association with the I-94, because your duration of status as a parolee is more tied to the adjudication of the I-485 petition... basically, giving a new I-94 really doesn't matter in the grand scheme of things and not having a I-94 issued each and every time you enter the US really has no bearing on your status...the act of using the I-512 was the significant event...

Edited January 3, 2007 by zyggy

[am1996 0]

Terrific, this was very helpful. Thanks!