"In Line for Interview scheduling" notice before anything on EAD/AP!?

[CrewMember 0]

Hello Everybody on this forum!! Does anybody knows is this some standard procedure to get notice on I485 before notice on EAD/AP and getting it this fast after fingerprinting? I did my fingerprints on Aug, 4. and get e-mail about "in line for interview scheduling" on Aug, 12. I need to leave the country and come back on Advance Parole in order to get approved on interview because of the nature of my visa entry! Thats why I am worried because there is no way to get approved if interview come before than my EAD/AP!! If anybody have similar experience or know more about timeframes regarding this topic, I would really appreciate it !! Thanks a LOT and Good Luck to everybody on their journeys!!!

[Hypnos 6,578]

What is the nature of your visa entry? If you weren't qualified to file the I-485 initially then you cannot cure this by leaving and then re-entering on AP whilst the I-485 is pending; your I-485 must be approvable on the day you file.

[CrewMember 0]

Hi Hypnos, Thanks a Lot for reply.., I was admitted on C1 and only way I can get approved is to show my parolee status and not admission C1 on the interview.., LITTLE complicated but after 13 years there is a light of the end of the tunnel because i know few people they did the same and got approved after same procedure!! Do you know by any chance how long after "In line for interview scheduling" notice, I can actually can get a date for the interview!! Thanks Once Again!!!

[CrewMember 0]

Hypnos, I forgot to mention that my wife is a US Citizen and thats how come I get eligble to apply for AOS! If there is anybody stuck on C-1 visa, let me know and like I said there is a few people lately thru my lawyer adjust their status after they got married to US Citizens!!

[Hypnos 6,578]

You can read up on C-1 and AoS here: http://www.avvo.com/legal-guides/ugc/adjustment-of-status-and-the-c-1-visa

It will depend upon exactly how you were admitted and exactly what type of visa you hold as to whether you are eligible for AoS or not.

It seems like this is what you are trying to do:

I am a C-1 crewman, but I am married to a United States Citizen. Does this mean I am permanently ineligible for adjustment of status?

Believe it or not, no. Depending on the specific facts of your case you may be eligible for advance parole. An alien who is paroled into the United States is eligible for adjustment of status. As an application for adjustment of status is a continuing application and is adjudicated based upon the facts present at the time a decision is rendered, the fact that you were previously admitted to the United States as a crewman does not prevent you from being eligible for adjustment of status if you were to be successfully paroled.

I would not have thought this would work, and I can't say I completely believe it, but there you go. You're trying to use a grey area of law it looks like, to file an AoS, obtain AP, re-enter on that AP and then make yourself eligible for AoS by virtue of that entry. The problem is that AP (and EAD) is processed separately from the main AoS, so there is no guarantee you will receive one before the other. Presumably, if you had not received your AP by the time of your interview you would need to postpone your interview until you received your AP and then were able to make a brief departure to somewhere (Canada or Mexico I assume) and re-enter on AP, fixing your problem.

Again, I'm not sure how on the level this is.

Edited August 14, 2014 by Hypnos

[CrewMember 0]

Believe it or not, post you have copy it was from my lawyer and actually this is the only way I will be able to do something with a God's Help and expertise of my lawyer!!! It will be hard but only way!!! THANKS a LOT for your time and your answers!!! Another question if you know by any chance.., is it there any unwritten rule, how long after receiving first notice "in line for scheduling", I will actually receive IL with the date? THANKS ONCE AGAIN!!

[Hypnos 6,578]

It varies by local office. In your case, Miami seems to be quite backlogged - which might actually work out being a good thing for you. It might be another few months before you receive your interview.

Edited August 14, 2014 by Hypnos

[CrewMember 0]

Thanks A LOT!!