Thinking of withdrawing our application

[S Brennan 20]

5 minutes ago, Mike E said:

I am going to make a couple guesses:

 

OP has a green card and thinks a green card isn't sufficient to re-enter the USA. Or the green card was sent and lost.

 

OP has an EAD/AP combo card and doesn't realize it.

Hi again! Maybe I didnt make it clear enough - I have an EAD that expressly says on it AP DENIED - NOT VALID FOR RE ENTRY INTO THE US.

[S Brennan 20]

Just now, S Brennan said:

Hi again! Maybe I didnt make it clear enough - I have an EAD that expressly says on it AP DENIED - NOT VALID FOR RE ENTRY INTO THE US.

I have also mentionned that I was not able to modify my timeline accordingly to the actual steps we have taken. I am not able to do it, it keeps erasing everything so I just gave up and left it as is, but I have only had a biometrics appointment back in march, and my case, as of august, as I have mentionned before, is “ready to be schedule for an interview”.

[Mike E 11,739]

OK. Simply leaving the USA and handing in your EAD to CBP should take care of it. 

[S Brennan 20]

11 minutes ago, Mike E said:

OK. Simply leaving the USA and handing in your EAD to CBP should take care of it. 

What about coming back as a visitor later on though? That is what I am worried about.

[Loren Y 2,755]

1 hour ago, S Brennan said:

Apparently the administration is starting to just deny AP at large and is also not letting people who have travelled out of the country on AP to come back in. 
 

 

I find this not true. My friend who works CBP at San Ysidro POE admits people all the time with AP. I just called her and asked, and she said last night she easily admitted over 10 people who were returning on their AP/EAD card. She said she has received no instructions to just randomly turn AP card holders away. She laughed pretty hard at that one. I think you are misinformed about that. Now if USCIS is just denying AP, I can't speak on that, but I'm sure they are not just turning people with AP cards away at the POE.

Edited October 13, 2020 by Loren Y

[Orangesapples 1,954]

1 hour ago, S Brennan said:

And yeah, as far as hold the course go, I just don’t know if I can miss out on my family member’s, who raised me, funeral. Not to mention all the rest that has happened, especially it the wait to the interview is as random as 1 to 35 months. My work visa expires in 10 months. I am just disheartened. 

You have a work visa? 

[Mike E 11,739]

1 hour ago, S Brennan said:

What about coming back as a visitor later on though? That is what I am worried about.

You are married to a US citizen. You have strong ties to the US. It isn't looking good.

[NikLR 13,227]

The issue for the OP is not that they're married to a USC, it's the AOS. They've already shown to be okay with randomly staying.  The OP doesnt need a visitor visa as a Canadian so it's a CBP issue if they see the history of the OP. 

 

Personally I would reapply for AP. I think something was screwed up by the lawyer on the I-131. Unless there was overstay we don't know about, there's little reason for it to be denied. 

[S Brennan 20]

1 hour ago, Loren Y said:

I find this not true. My friend who works CBP at San Ysidro POE admits people all the time with AP. I just called her and asked, and she said last night she easily admitted over 10 people who were returning on their AP/EAD card. She said she has received no instructions to just randomly turn AP card holders away. She laughed pretty hard at that one. I think you are misinformed about that. Now if USCIS is just denying AP, I can't speak on that, but I'm sure they are not just turning people with AP cards away at the POE.

Hmm, I don’t know! It was my contact’s experience on the east coast. Maybe both can be true? Its not like its super streamlined lol. But yeah maybe (and I hope!) that I am wrong!!

[Lucky2Lucky 2,526]

3 hours ago, S Brennan said:

And yeah, as far as hold the course go, I just don’t know if I can miss out on my family member’s, who raised me, funeral. Not to mention all the rest that has happened, especially it the wait to the interview is as random as 1 to 35 months. My work visa expires in 10 months. I am just disheartened. 

Unfortunately that is the chance you take when you adjust status. If you went through with CR1 you wouldn't have had that issue and would have had greencard by now. You can abandon the process now and go to Canada and come back once you file and receive approval for CR1. You don't have any other choice if you decide you have to leave the country. I'm sorry you are going through this but it is a reality for those who chose to adjust status and not wait out the process. 

[Lucky2Lucky 2,526]

2 hours ago, S Brennan said:

What about coming back as a visitor later on though? That is what I am worried about.

You've already adjusted status while on a tourist visa in the past. You clearly have immigration intent both before, when you had filed a CR1, and now, that your husband lives in the USA. I don't see it looking good to be admitted to the USA as "only" a visitor. 

[Orangesapples 1,954]

9 minutes ago, Luckycuds said:

Unfortunately that is the chance you take when you adjust status. If you went through with CR1 you wouldn't have had that issue and would have had greencard by now. You can abandon the process now and go to Canada and come back once you file and receive approval for CR1. You don't have any other choice if you decide you have to leave the country. I'm sorry you are going through this but it is a reality for those who chose to adjust status and not wait out the process. 

Can she use the already filed I-130 for consular processing? 

[Lucky2Lucky 2,526]

9 minutes ago, Orangesapples said:

Can she use the already filed I-130 for consular processing? 

That is a great question, I don't know. @geowrian would you happen to know?

[Crazy Cat 41,845]

21 minutes ago, Orangesapples said:

Can she use the already filed I-130 for consular processing? 

I think she can.....

[SalishSea 17,827]

I haven't heard of AP denials/CBP denials of AP holders requesting to be paroled back in.  Would love to see actual evidence vs. hearsay.