Big Travel Problem

[gemini23nj 2]

Hello all! A friend of mine stopped by to discuss a problem (this was a whopper) She is a Costa Rican citizen, and was married to a USC last year. She is a older woman, and has always traveled back and forth to CR and USA with her tourist visa. Well....... She had submitted all of her paperwork for AOS and EAD in January. She took a trip to CR in Feb. without obtaining AP. Upon entry to the USA INS reviewed her information, and started yelling at her, "why didn't you get your AP and on and on.. She was so confused, she had photocopies of her AOS submission which as we know I am sure made things worse@! Well instead of deporting her, they gave her some paperwork and she is ordered to return to the airport gate in 3 weeks with her AP document. She was advised to get one and come back. There is no way she is going to get AP in just three weeks. Now she has already went for her biometrics for her EAD 3/6/06 to be exact, yesterday her AOS packet was returned, it has not yet been accepted. She is bringing it over to me later on today to see what is missing. I told her she needs to talk to an immigration officer asap. Any advise. I know this one is complicated. I wish she had come talk to me before traveling!!

oppps I meant immigration attorney!

[Jasman0717 9]

I don't know much about this other than she was lucky they didn't sent her packing.

[TracyTN 237]

She can get emergency AP. A member here, govols, did so for her husband when his dad was ill in the UK. I'd have to double check her posts, but I believe she made an appointment at their local office and walked out with it.

Your best bet is to PM her and get exact details.

[zyggy 9]

She can get emergency AP. A member here, govols, did so for her husband when his dad was ill in the UK. I'd have to double check her posts, but I believe she made an appointment at their local office and walked out with it.

Your best bet is to PM her and get exact details.

They must have given her deferred inspection, which I don't believe was appropriate in this case as the AP wasn't even issued yet... it would have been if she had say forgot her AP at home or in Costa Rica... but it was really generous of them... She needs to straighten this out and NOW... I agree with others... she needs to talk with an immigration attorney, but I think the damage has already been done...

Edited March 14, 2006 by zyggy

[gemini23nj 2]

She can get emergency AP. A member here, govols, did so for her husband when his dad was ill in the UK. I'd have to double check her posts, but I believe she made an appointment at their local office and walked out with it.

Your best bet is to PM her and get exact details.

They must have given her deferred inspection, which I don't believe was appropriate in this case as the AP wasn't even issued yet... it would have been if she had say forgot her AP at home or in Costa Rica... but it was really generous of them... She needs to straighten this out and NOW... I agree with others... she needs to talk with an immigration attorney, but I think the damage has already been done...

Yes, this was a deferred inspection, and no it was not appropriate. I have already told her, she needs to make sure she presents herself at the date and time, and that she will more than likely be sent back to CR until everything is straigtened out. Especially now that USCIS returned her AOS packet with an RFE for completion, even if she makes an info pass appointment, she does not have an AOS pending at this time. What a mess!

[perfect 39]

But then different inspectors seem to have different rules! I have an acquaintance who married a Mexican and brought her here illegally in December last year. They have not applied for AOS or AP and two weeks ago she crossed the Mexican border to visit with her family for a week using her tourist visa and was allowed back in no questions asked. Problem is that all they ask for is ID, not passport, so all she has to do each time is present her US driver's license which she got as she used to come here for 3 months at a time (in this state if you're here for more than 10 days you can do that) and got herself a job (illegally!)

In this case I would either see an experienced immigration attorney or make an Infopass appointment to discuss this in detail with an official.

Either way I hope she manages to resolve it and stay here as she has at least tried to do things the "right" way.

[meauxna 15]

They must have given her deferred inspection, which I don't believe was appropriate in this case as the AP wasn't even issued yet... it would have been if she had say forgot her AP at home or in Costa Rica... but it was really generous of them... She needs to straighten this out and NOW... I agree with others... she needs to talk with an immigration attorney, but I think the damage has already been done...

FWIW, I agree with zyggy about seeing a lawyer & the deferred nspection. What makes it interesting to me is that since the AOS was not accepted, she wasn't making her entry as an AOS applicant (although she presented herself as such), but as a straight forward tourist.

Whether or not they will readmit her as a B so she can refile her AOS will be up to their discretion, and it will be interesting to see how it all comes out.

Edited March 14, 2006 by meauxna

[BUHOK 0]

I was surprized knwing that she was not deported! I read an article on the other site that his wife went back to PI without an AP and surething the BP officer sent her back to PI and Im guessing they all start up again for a spousal visa...

[Yodrak 7]

gemini23nj,

Please explain this using correct terminology. Did the complete package come back with an I-797C (or I-797) Notice of Action of type Rejection Notice?

meauxna may have put the clues together correctly, and I agree with both her and Zyggy that a consultation with a good immigration attorney is an imperative. It will be interesting to see what happens next.

Yodrak

... USCIS returned her AOS packet with an RFE for completion, even if she makes an info pass appointment, she does not have an AOS pending at this time. What a mess!

[gemini23nj 2]

gemini23nj,

Please explain this using correct terminology. Did the complete package come back with an I-797C (or I-797) Notice of Action of type Rejection Notice?

meauxna may have put the clues together correctly, and I agree with both her and Zyggy that a consultation with a good immigration attorney is an imperative. It will be interesting to see what happens next.

Yodrak

... USCIS returned her AOS packet with an RFE for completion, even if she makes an info pass appointment, she does not have an AOS pending at this time. What a mess!

I am not sure yet, she is coming over in a few minutes to show me what they returned to her. I am assuming that it has some type of a rejection notice. I say that because I had forgotten something with my AOS, I received the entire packet back with a rejection notice, and instructions explaining what I needed to include prior to resubmitting the packet. Now my friend has had her ead accepted, and has went for her fingerprints. If she doesn't get her AOS mailed out asap, they will go ahead and deny the EAD too! I will keep you posted once I receive the information.

[gemini23nj 2]

ok, I just reviewed the rejection notice. It requested copies of NOA for the I-130 or I-360 that was filed for the applicant, stating that "USCIS cannot determine your preference category" Well if she is already here, why would a preference category be necessary, I thought that was for a visa. She never filed a I-130, only the I-485. They also sent a rejection NOA for the EAD that was processing. Reason for denial, AOS was rejected. They have already been married 2 years. I cannot believe she waited all this time to file.

[meauxna 15]

ok, I just reviewed the rejection notice. It requested copies of NOA for the I-130 or I-360 that was filed for the applicant, stating that "USCIS cannot determine your preference category" Well if she is already here, why would a preference category be necessary, I thought that was for a visa. She never filed a I-130, only the I-485. They also sent a rejection NOA for the EAD that was processing. Reason for denial, AOS was rejected. They have already been married 2 years. I cannot believe she waited all this time to file.

They want evidence of the I-130 *because* she didn't include it with the I-485. Without an I-130 for her somewhere, there is no basis to hang the I-485 upon.

IE: an I-485 without an I-130 is worthless.

I can't believe she waited all this time and still didn't get it right. (to be fair, the AOS instruction at uscis.gov is not very clear on the need for an I-130).

So, she's not going to get an AP to take to her deferred inspection, she's not going to get an EAD in the enxt little while, she is not an AOS-pending category, her level of overstay is undetermined, and she is not 'in the US' legally speaking right now (deferred inspection). She has entered the US multiple times as a tourist when she is in fact living here, and she is married to a USC.

Did I get it all? Are you coming to the same conclusion? Lawyer up, before that deferred inspection, if at all possible.

PS: the reason they're asking about the 'preference category' is on the presumption that the I-130 was filed some time ago, as is the case for most cases other than marriage to a USC.

[zyggy 9]

ok, I just reviewed the rejection notice. It requested copies of NOA for the I-130 or I-360 that was filed for the applicant, stating that "USCIS cannot determine your preference category" Well if she is already here, why would a preference category be necessary, I thought that was for a visa. She never filed a I-130, only the I-485. They also sent a rejection NOA for the EAD that was processing. Reason for denial, AOS was rejected. They have already been married 2 years. I cannot believe she waited all this time to file.

They want evidence of the I-130 *because* she didn't include it with the I-485. Without an I-130 for her somewhere, there is no basis to hang the I-485 upon.

IE: an I-485 without an I-130 is worthless.

I can't believe she waited all this time and still didn't get it right. (to be fair, the AOS instruction at uscis.gov is not very clear on the need for an I-130).

So, she's not going to get an AP to take to her deferred inspection, she's not going to get an EAD in the enxt little while, she is not an AOS-pending category, her level of overstay is undetermined, and she is not 'in the US' legally speaking right now (deferred inspection). She has entered the US multiple times as a tourist when she is in fact living here, and she is married to a USC.

Did I get it all? Are you coming to the same conclusion? Lawyer up, before that deferred inspection, if at all possible.

PS: the reason they're asking about the 'preference category' is on the presumption that the I-130 was filed some time ago, as is the case for most cases other than marriage to a USC.

Yep,, it looks like you've summed up the situation entirely... She is in attorney land, but I have a feeling that attorney is going to say she's SOL. Not much an attorney can do if the alien is not in the US legally speaking and I doubt that there is going to be warm fuzzies in the USCIS's heart to go out of their way to 'help' this person...

Best of luck...

[gemini23nj 2]

ok, I just reviewed the rejection notice. It requested copies of NOA for the I-130 or I-360 that was filed for the applicant, stating that "USCIS cannot determine your preference category" Well if she is already here, why would a preference category be necessary, I thought that was for a visa. She never filed a I-130, only the I-485. They also sent a rejection NOA for the EAD that was processing. Reason for denial, AOS was rejected. They have already been married 2 years. I cannot believe she waited all this time to file.

They want evidence of the I-130 *because* she didn't include it with the I-485. Without an I-130 for her somewhere, there is no basis to hang the I-485 upon.

IE: an I-485 without an I-130 is worthless.

I can't believe she waited all this time and still didn't get it right. (to be fair, the AOS instruction at uscis.gov is not very clear on the need for an I-130).

So, she's not going to get an AP to take to her deferred inspection, she's not going to get an EAD in the enxt little while, she is not an AOS-pending category, her level of overstay is undetermined, and she is not 'in the US' legally speaking right now (deferred inspection). She has entered the US multiple times as a tourist when she is in fact living here, and she is married to a USC.

Did I get it all? Are you coming to the same conclusion? Lawyer up, before that deferred inspection, if at all possible.

PS: the reason they're asking about the 'preference category' is on the presumption that the I-130 was filed some time ago, as is the case for most cases other than marriage to a USC.

Yep,, it looks like you've summed up the situation entirely... She is in attorney land, but I have a feeling that attorney is going to say she's SOL. Not much an attorney can do if the alien is not in the US legally speaking and I doubt that there is going to be warm fuzzies in the USCIS's heart to go out of their way to 'help' this person...

Best of luck...

Yes, I agree with both of you. I called her today and told her about the I-130, and that she needs to see an attorney ASAP. She is just not getting it, she is going to the info pass appointment to beg for AP. I tried telling her that she cannot, does not qualify for it. I have done all I can do. Thank you all for your help!!!

[Cassie 8]

Yes, I agree with both of you. I called her today and told her about the I-130, and that she needs to see an attorney ASAP. She is just not getting it, she is going to the info pass appointment to beg for AP. I tried telling her that she cannot, does not qualify for it. I have done all I can do. Thank you all for your help!!!

Well, if she won't listen to you, there's not much you can do about it. She's running a huge risk going to ask for AP! Oye.