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sccrsurfer

Urgent :: i512L - please clarify it's validity and use (international travel tomorrow!!)

By sccrsurfer in Working & Traveling During US Immigration

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sccrsurfer Contributor

sccrsurfer   2

Posted
Filed: Other Timeline
Posted (edited)

So we got the AP back in August 2015. It is vaild until August 2016.

We had a trip planned for Canada and I thought all was honkey dorey and good to go. Then I start seeing things like 'if your spouse overstayed before applying for the AOS' then it isn't valid and she'll be denied re-entry? Why then would they even give us this 'approved' document to travel if it's rigged?

What really confuses me is the overstay stipulations. Isn't the point of the AP for someone to travel while they are in AOS, and assumed that they have technically overstayed in the US?

From the USCIS website: "Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status"

Obviously we are past her i94 'admit until' date. So I dont really understand this language or what it is supposed to mean.

I thought we we're good to go, but we might have to cancel our plans tomorrow 10/21/2015. This was a trip for leisure. I've read about honeymooners using it, and didn't think it'd be so complicated. Can we use this or not? She doesn't have the GC yet.

Please help!

Edited by sccrsurfer
Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

Per Matter of Arrabally, an alien who has been granted Advance Parole based upon a pending AoS applicant is not subject to the INA 212 overstay bars. So, even if your spouse would normally have a 3 or 10 year bar for overstaying for 180 days or 365 days respectively, those bars no longer apply to her.

You are fine to travel.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

TBoneTX Grand Master

TBoneTX   46,112

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved from AOS/Family-Based main forum to the Working & Traveling forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Unidentified Mentor

Unidentified   2,930

Posted
Filed: Citizen (apr) Country: Sweden
 Timeline
Posted

So we got the AP back in August 2015. It is vaild until August 2016.

We had a trip planned for Canada and I thought all was honkey dorey and good to go. Then I start seeing things like 'if your spouse overstayed before applying for the AOS' then it isn't valid and she'll be denied re-entry? Why then would they even give us this 'approved' document to travel if it's rigged?

What really confuses me is the overstay stipulations. Isn't the point of the AP for someone to travel while they are in AOS, and assumed that they have technically overstayed in the US?

From the USCIS website: "Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status"

Obviously we are past her i94 'admit until' date. So I dont really understand this language or what it is supposed to mean.

I thought we we're good to go, but we might have to cancel our plans tomorrow 10/21/2015. This was a trip for leisure. I've read about honeymooners using it, and didn't think it'd be so complicated. Can we use this or not? She doesn't have the GC yet.

Please help!

No it's for a lot of other reasons too.

Thank you so much guys.

When do we present the document in our travel - when we depart and/or when we return? And to whom?

You will show it to the CBP officer upon return to the US. Don't know if it works the same as with Emergency AP but don't be surprised if they send your husband to secondary, it's normal procedure. Once again, not sure if it's for all AP or just the emergency one. I got stuck in there for 1 1/2 hours (busy evening for them) just to answer the same questions as with the first guy.





sccrsurfer Contributor

sccrsurfer   2

Posted
Filed: Other Timeline
  • Author
Posted

You're good to go. I didn't file for aos until April and we got married June 2014... I had no issues!!

Have fun in Canada!

Have fun we did! I'm the US citizen and it was my first time in Canada. I'm mad at myself for never having been before. We went to Montreal, and it is our favorite city in North America. This isn't a travel forum, so I'll stop there, but man o man did we love it.

For all other folks having the same trouble I did interpreting the 512L document: We had no issues. All is good, and we're back home in the States.

I also didn't realize that Customs checkpoint for flights going into the US from Canada is IN Canada, not at the destination airport. I actually liked that better. It felt like part of the check-in process. When we arrived at the destination airport, we just got our bags and went home. We we're celebrating our 1 year and it went just fine.

Thanks guys.

TBoneTX Grand Master

TBoneTX   46,112

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thanks for the update with your good news.

Because issue is resolved, thread is closed to further comment. (OP may request that it be reopened.)

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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