Coming back to the US on AP with a NO AOS, NO EOS, NO COS previously stamped in my passport

[Leys V 0]

7 minutes ago, Boiler said:

There is a Lawyer on another forum is of the view that using AP is a risk too far, I take the view that it is relatively risk free if you have no issues.

? Didn’t really get your point, to be honest. Sorry.

[geowrian 22,338]

5 minutes ago, Leys V said:

Do you mean that you feel like our marriage is just a way of “working around the system” to get my status adjusted? If that’s what you mean, then you are wrong. 

And yes, I knooow that only USCs are guaranteed entry. I’m asking whether or not you think I (!) would have any problems, given my situation. 

I made no remark about your marriage, and you've provided no information about it for anybody to even make an informed remark about it.

If you have no issues, then AP is a small risk IMO. It's not risk-less....things can happen while abroad (either at re-entry or in the rare condition that AOS is denied while abroad).

[Leys V 0]

7 minutes ago, geowrian said:

I made no remark about your marriage, and you've provided no information about it for anybody to even make an informed remark about it.

If you have no issues, then AP is a small risk IMO. It's not risk-less....things can happen while abroad (either at re-entry or in the rare condition that AOS is denied while abroad).

Well, then I just didn’t fully understand what you were saying. I’m sorry.

 

I don’t think I have any issues other than my stamp and no recent I-94 (to be honest, I don’t even know if that’s considered a problem). But yeah, still thanks.

[Mollie09 1,543]

CBP might put more weight on the stamp than USCIS

[Leys V 0]

5 minutes ago, Mollie09 said:

CBP might put more weight on the stamp than USCIS

You mean when I get back?

[Hypnos 6,578]

Any "No AoS/CoS" notations CBP decide to write in your passport are worth absolutely nothing, and hold no legal weight. They are a way for the officer to feel good about themselves, I guess, because several people on these forums have had this notation added to their passports and adjusted just fine. It is a non-issue, and you should not worry about it at all.

 

As for any overstay, even if you had decades of it, you have a valid AP now. Per Matter of Arrabally, the INA 212 overstay bars do not apply to someone with a valid grant of Advance Parole who has a pending I-485. So again, if you had any overstay (and you'd need 180 days worth to trigger a bar), you still wouldn't have a bar.

 

Whilst entry isn't guaranteed to anyone other than US citizens, it also doesn't mean CBP can just randomly prevent people from entering. They need a valid reason for doing so.

 

The overwhelming majority of people who attempt entry on AP have zero issues doing so. And given your circumstances as you have described them, I doubt you will have a problem either.

Edited January 17, 2018 by Hypnos

[WeGuyGal 1,052]

Perhaps USCIS should require a copy of the passport page with the i94 entry stamp, and any notations therein, as part of the i485/i539 filing? CBP officers' notation should have a level of legal status/weight. 

[doggieandsam 765]

3 hours ago, Hypnos said:

As for any overstay, even if you had decades of it, you have a valid AP now. Per Matter of Arrabally, the INA 212 overstay bars do not apply to someone with a valid grant of Advance Parole who has a pending I-485. So again, if you had any overstay (and you'd need 180 days worth to trigger a bar), you still wouldn't have a bar.

sorry this might be a dumb question but i have always wondered about how to count an overstay in relation to a K1 so please bear with me. a k1 has 90 days on his/her i-94 right? so say for example, what if he/she files AOS on day 95, receives their NOA1 on day 100, gets AP on day 150 and gets their greencard on day 200. how many days will be considered under overstay in this scenario? 

 

Is it:

5 days to AOS filing date + 5 days to NOA1 = 10 days overstay

or

5 days to AOS filing date + 5 days to NOA1 + 50 days to AP = 60 days overstay

or

5 days to AOS filing date + 5 days to NOA1 + 50 days to AP + 50 days to gc = 110 days

 

and am i correct in assuming that once you have the AP or gc (whichever comes first) that any overstayed says will be voided / forgiven and you will essentially get a clean slate?

Edited January 18, 2018 by iamdegie

[Hypnos 6,578]

Overstay would be from the day the I-94 expired until the "Received" date indicated on the receipt NoA. 

 

In your above example it would be between 5 and 10 days depending on exactly which day USCIS designated as the official "Received on" date. 

 

And at that point the overstay clock is paused until the I-485 is adjudicated. 

 

Anyone subject to the bar still has it (it never goes away), but LPRs are specifically excluded from being subject to it. So provided you never cease to be either an LPR or a US citizen (assuming you became a US citizen down the line) then it's something you'd never have to worry about. 

Edited January 18, 2018 by Hypnos

[Leys V 0]

10 hours ago, Hypnos said:

Any "No AoS/CoS" notations CBP decide to write in your passport are worth absolutely nothing, and hold no legal weight. They are a way for the officer to feel good about themselves, I guess, because several people on these forums have had this notation added to their passports and adjusted just fine. It is a non-issue, and you should not worry about it at all.

 

As for any overstay, even if you had decades of it, you have a valid AP now. Per Matter of Arrabally, the INA 212 overstay bars do not apply to someone with a valid grant of Advance Parole who has a pending I-485. So again, if you had any overstay (and you'd need 180 days worth to trigger a bar), you still wouldn't have a bar.

 

Whilst entry isn't guaranteed to anyone other than US citizens, it also doesn't mean CBP can just randomly prevent people from entering. They need a valid reason for doing so.

 

The overwhelming majority of people who attempt entry on AP have zero issues doing so. And given your circumstances as you have described them, I doubt you will have a problem either.

Thank you!! After reading your comment I don’t feel as worried and stressed anymore! Thanks!

[Derik-Lina 230]

22 hours ago, Leys V said:

Hey guys, 

A little background story: I came to the States on my 3 year tourist visa for 4 months to visit my boyfriend back in 2016, and then I returned to Russia (my homeland country) for two months, then I came to the States for another 4 months, and then went to Russia for another month or two, and then when I came to the US for the third time I was stopped at the customs at JFK airport and was given a NO AOS, NO COS, NO EOS in my passport + limited stay (1 month). And also my entry to the country was not recorded in the CBP system, which led to the fact that I don’t have the most recent I-94. And my excuse for this whole mess is that I was always told (and I also researched it on my own and figured out the same thing) that the main thing is to leave the country before you’ve been there for 6 months (180 days) (and I always followed this rule), but, apparently, it turned out to be not very accurate.

So now, when I came to the States for the 3rd time, my boyfriend popped the question (I am going to assure you right away that it wasn’t because of any stamps or anything like that; actually, we had been in a loving relationship for a several years before we got married). So, we filed all the forms for the AOS (although, we sent them 2 weeks after the date stamped in my passport, so you could say that I was out-of-status for 2 weeks), a month later I was invited for my biometrics appointment, two months later I got my EAD and AP, and I already have my interview scheduled. And now the most important part (finally): so, the thing is that I had to go to Russia for a month in Jan because I have my university here (I’m a correspondence student, but I still have to show up twice a year at my uni to take my exams, otherwise I will be kicked out), so now I am here, but once I’m done with everything I’m going to travel back to the States on my Advance Parole just a couple of days before my interview. So knowing everything that I told you just now, 1). do you think that I’m going to have any problems at the customs? (NO AOS stamp in my passport and no recent I-94)

2). And what about the interview? I can already feel that they’re going to question the authenticity of our marriage, but we definitely have more than enough evidence to prove that we are in a bona fide marriage. 

Your answers would be very helpful! Thank you very much! 

Apparently, you have had no issues entering and re-entering the US.

IMO you will be just fine due to the following:

1- Russia is a good friend of the current administration.

2- You re not from a S*&# hole country.

Best of luck in your studies and welcome to the US! 

 

Edited January 18, 2018 by Derick

[Boiler 46,284]

19 minutes ago, Derick said:

Apparently, you have had no issues entering and re-entering the US.

IMO you will be just fine due to the following:

1- Russia is a good friend of the current administration.

2- You re not from a S*&# hole country.

Best of luck in your studies and welcome to the US! 

 

ROFL

[Leys V 0]

1 hour ago, Derick said:

Apparently, you have had no issues entering and re-entering the US.

IMO you will be just fine due to the following:

1- Russia is a good friend of the current administration.

2- You re not from a S*&# hole country.

Best of luck in your studies and welcome to the US! 

 

Hahah thanks!