April 2019 AOS Filers(merged)

[treppenwitz 78]

1 hour ago, Dazz said:

That is the reason I haven't applied for advanced parole...

@Abbey B is doing AOS from K-1. Why would there be an issue for them to travel with AP?

Regardless, all travel with AP is very low risk. See thread below:

That thread has contributions from knowledgeable users @Cyberfx1024, @Ksenia_O, @TM92

Edited May 8, 2019 by treppenwitz

[Dazz 15]

11 minutes ago, treppenwitz said:

@Abbey B is doing AOS from K-1. Why would there be an issue for them to travel with AP?

Regardless, all travel with AP is very low risk. See thread below:

That thread has contributions from knowledgeable users @Cyberfx1024, @Ksenia_O, @TM92

From page one of the instructions for I-131;

WARNING: The document does not entitle you to be paroled into the United States; a separate discretionary decision on a request for parole will be made when you arrive at a port-of-entry upon your return.

WARNING: DHS may revoke or terminate your Advance Parole Document at any time, including while you are outside the United States, in which event you may be unable to return to the United States unless you have a valid visa or other document that permits you to travel to the United States and seek admission.

 

I'm not saying it WILL be a problem, but it's a risk that I wouldn't take if there was even the slightest inkling of a reason for me to be turned away at the border. @Abbey B has overstayed, which is grounds for them to be denied entry. Hypothetically you can do everything right, have no overstay, leave the country on AP, and get denied re-entry by CBP just because you looked at them wrong. Common sense says someone coming on K-1 intends to stay, and a short time outside status before submitting AOS is reasonable. However, the law says K-1 is a nonimmigrant visa and they have overstayed, making them deportable until AOS status takes effect. Even once AOS is in effect, it's still an overstay. 

 

The real question is, do you want to bet on the CBP officer having any common sense? I know where I'd put my money.

 

I agree that it's low risk, and there is probably a 99% chance they would be fine, but any risk is an unacceptable amount during this process in my opinion.

[Dazz 15]

Sorry to double post but I found more information that I think may prove useful to others. https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html#0-0-0-1851 This is the Adjudicator's field manual, of particular interest is section a(2) and a(6). Section a(2) (Unlawful Presence) has an example that applies to @Abbey B: 

An alien is admitted as a nonimmigrant, with a   Form I-94   that expires on January 1, 2009. The alien remains in the United States after the Form I-94 expires. The alien’s status becomes unlawful, and she begins to accrue unlawful presence, on January 2, 2009. On May 10, 2009, the alien properly files an application for adjustment of status.

The filing of the adjustment application stops the accrual of unlawful presence. But it does not “restore” the alien to a substantively lawful immigration status. She is still amenable to removal as a deportable alien under   section 237(a)(1)(C)   of the Act because she has remained after the expiration of her nonimmigrant admission.

 

Section a(6) (3 Year and 10 Year Bars) has this to say: "An alien with a pending adjustment of status application, who has accrued more than 180 days of unlawful presence time, will trigger the bars to admission, if he or she travels outside the United States subsequent to the issuance of an advance parole document." I don't think most people stay that long, but for someone in my situation it would trigger a 3-year bar if I left the country on AP. 

[treppenwitz 78]

8 minutes ago, Dazz said:

However, the law says K-1 is a nonimmigrant visa and they have overstayed

K-1 is allowed dual intent. And all AOS applicants have authorized stay allowed by the US Attorney General.

20 minutes ago, Dazz said:

making them deportable until AOS status takes effect.

Technically true because of INA Section 237(a)(1)(C). But in reality, ICE does not start deportation procedings for K-1 overstays.

4 minutes ago, Dazz said:

Section a(6) (3 Year and 10 Year Bars) has this to say: "An alien with a pending adjustment of status application, who has accrued more than 180 days of unlawful presence time, will trigger the bars to admission, if he or she travels outside the United States subsequent to the issuance of an advance parole document." I don't think most people stay that long, but for someone in my situation it would trigger a 3-year bar if I left the country on AP. 

@Abbey B only overstayed 15 days.

USCIS also issues AP to TPS beneficiaries. Some overstayed for 8+ years before getting TPS. All of them have re-entered with AP without issue. [Side note: After entry with AP, TPS individuals that initially Entered Without Inspection are then eligible to AOS; this is a known loophole.]

31 minutes ago, Dazz said:

do you want to bet on the CBP officer having any common sense?

AP travel is routine. They see it frequently.

[Dazz 15]

30 minutes ago, treppenwitz said:

K-1 is allowed dual intent. And all AOS applicants have authorized stay allowed by the US Attorney General.

Technically true because of INA Section 237(a)(1)(C). But in reality, ICE does not start deportation procedings for K-1 overstays.

@Abbey B only overstayed 15 days.

USCIS also issues AP to TPS beneficiaries. Some overstayed for 8+ years before getting TPS. All of them have re-entered with AP without issue. [Side note: After entry with AP, TPS individuals that initially Entered Without Inspection are then eligible to AOS; this is a known loophole.]

AP travel is routine. They see it frequently.

I agree it likely wouldn't be an issue, but like I said in my opinion my (or anyone elses) future in America isn't worth risking. If people buy lotto tickets based on a one in a million chance of hitting the jackpot, surely they should avoid playing russian roulette with CBP. Each of us will make our own decision on whether we want to use AP or not, personally I wouldn't use it at all unless I had a spotless history with border control and immigration. Anyways, the original question from @Abbey B was if their time spent in the USA after the I-94 expired and before the AOS was filed counts as an overstay, and the answer is absolutely yes. Furthermore, upon re-entry, you would be sent to secondary inspection, where they will notice the gap in dates (if their computer doesn't automatically notify them about it the moment your passport is scanned). What happens next is up to the CBP officer.

 

I understand that some people have obligations or family outside of the country that they need to travel to, and I wish them luck with the process. I definitely don't want to tell anyone what to do, I just think anyone with a complicated immigration/border crossing history should weigh their decision. If a loved one is on their deathbed and it's your last chance to see them, well then go for it obviously. Honeymoon to Mexico? Not so much. The bottom line is are absolutely 0 guarantees of anything when you travel on AP, let alone for someone who is deportable. Anyone who claims it is "safe" is completely wrong. The only people who are guaranteed re-entry are US Citizens. As you said, it's low risk. That's still too much risk for me. 

 

[treppenwitz 78]

18 minutes ago, Dazz said:

Furthermore, upon re-entry, you would be sent to secondary inspection, where they will notice the gap in dates (if their computer doesn't automatically notify them about it the moment your passport is scanned).

And?

• For their case: 15<180
• The TPS part I briefly showed reveals that even with having many years of overstay there is low risk with AP travel.

18 minutes ago, Dazz said:

The only people who are guaranteed re-entry are US Citizens.

Of course. No one is debating this. AP travel risk is similar with LPRs, immigrant visa holders, etc. (i.e. very, very, low).

18 minutes ago, Dazz said:

surely they should avoid playing russian roulette with CBP.

Far from reality.

Edited May 8, 2019 by treppenwitz

[Dazz 15]

1 hour ago, treppenwitz said:

And?

• For their case: 15<180
• The TPS part I briefly showed reveals that even with having many years of overstay there is low risk with AP travel.

Of course. No one is debating this. AP travel risk is similar with LPRs, immigrant visa holders, etc. (i.e. very, very, low).

Far from reality.

You don't need to be barred to be inadmissible. Overstaying by one day, 15 days, 100 days, 1000 days, it's still an overstay. You are deportable and accumulating unlawful presence from the day your i-94 expires, as we already talked about. Whether ICE actually deports k-1s is beside the point, the point is that they have a period of unlawful presence and as such have violated immigration law. Violating immigration law is harshly looked upon at the border. This is common sense.

 

With all that we have discussed, I think anyone reading this thread will have enough information to make their own informed decision. Thankfully, we live in an amazing country where we are free to each have our own opinion and make our own decisions! 

[treppenwitz 78]

20 minutes ago, Dazz said:

the point is that they have a period of unlawful presence and as such have violated immigration law.

Admittance on a K-1 is based on the intent to marry within 90 days. There is no provision in the INA nor Field Manual that AOS must be submitted within a certain time period.

20 minutes ago, Dazz said:

Violating immigration law is harshly looked upon at the border. This is common...

CBP denying @Abbey B entry for 15 day-overstay is not realistic. The above is fear mongering.

[Dazz 15]

2 hours ago, Dazz said:

 

An alien is admitted as a nonimmigrant, with a   Form I-94   that expires on January 1, 2009. The alien remains in the United States after the Form I-94 expires. The alien’s status becomes unlawful, and she begins to accrue unlawful presence, on January 2, 2009. On May 10, 2009, the alien properly files an application for adjustment of status.

The filing of the adjustment application stops the accrual of unlawful presence. But it does not “restore” the alien to a substantively lawful immigration status. She is still amenable to removal as a deportable alien under   section 237(a)(1)(C)   of the Act because she has remained after the expiration of her nonimmigrant admission.

 

4 minutes ago, treppenwitz said:

Admittance on a K-1 is based on the intent to marry within 90 days. There is no provision in the INA nor Field Manual that AOS must be submitted within a certain time period.

CBP denying @Abbey B entry for 15 day-overstay is not realistic. The above is fear mongering.

When your I-94 expires, you are in unlawful status and accumulate unlawful presence(until AOS filing). This is as dead simple as it gets with USCIS. Final approval will be decided on by the CBP officer at the port of entry.

 

I hardly see how I'm "fear mongering" when I'm encouraging people to make their own decisions based on the situation. I have no interest in arguing with you, im just stating the facts as they are laid out by USCIS and CBP. If you disagree with anything I say, feel free to research the subject. If you still disagree, refer to my previous statement about opinions.

[treppenwitz 78]

46 minutes ago, Dazz said:

feel free to research the subject.

That is laughable.

• 1997 to 2013: Worked as federal prosecutor. First few years it was the DOJ but the last 8 was with ICE.
• 2013 onwards: Various hats. Advised diverse organizations on appellate strategy; polar opposites as CARECEN to Center for Immigration Studies. Pro bono for long-shot cases (e.g. private bills, BIA appeals, etc). Etc.

Edited May 8, 2019 by treppenwitz

[AloneInBerlin 18]

Phew! Received texts today saying they had received all my documents and I now have the case numbers for my i485 and my i765. Weirdly, they say they received the i765 on April 19th, but they received the i485 on May 6th, but they were sent together! Weird, but I can understand why the change of status takes a little longer. And relax!

[lawrencejay7 17]

How long did it take you guys to receive biometrics appointment letter after receiving your NOA's?

[jay9475 46]

4 minutes ago, lawrencejay7 said:

How long did it take you guys to receive biometrics appointment letter after receiving your NOA's?

We got the biometrics letter about a week after receiving NOA1. 

[lawrencejay7 17]

1 minute ago, jay9475 said:

We got the biometrics letter about a week after receiving NOA1. 

 

Wow cool! So another waiting game for that..

 

hope to receive mine asap and have the appointment this month

[march16filer 153]

On 5/6/2019 at 1:24 PM, treppenwitz said:

My post was in response to oztousa's RFIE post. My father got a RFIE for stuff he had already included in the I-485 filing:

1. "Evidence of your lawful admission or parole into the United States."
2. "Submit a Social Security Administration (SSA) earnings statement or other SSA provided documentation that shows you have worked or can be credited with 40 quaters to support your Form I-864W, Intending Immigrant's Affidavit of Support Exemption."

USCIS misplaced those items when he submitted the I-485 packet.

Oh, ok. My package was delivered on April 9th and I still haven't heard a thing from them. Will be calling on Monday to see what's going on.