Biometrics - Infopass

[Jason-Sasha 1]

So Sasha and I have finally applied for AOS. Put together a beautifully thorough package and are now waiting. Within our package we included a very well explained "Request for Expedite" due to the health and state of Sasha's father back in Moscow. We submitted copies of the Russian physician's letter of condition and surgical procedures, a translated copy for English, well written letter explaining everything, and even a translator's certification. Who knows if this will help get my wife and son to Russia any sooner. But it can't hurt. My question, can we make an infopass/biometrics appointment to save time or will we need to wait until our local office (Norfolk) makes one for us? Our case has probably not been sent from Chicago to Norfolk yet. I just somehow remember reading somewhere that you can make your own appointment and save a little time. Maybe I'm wrong. We don't really mind waiting as long as it takes to adjust status. The travel document is the most important thing for us at the moment. If our request for an expedite is denied or looked over, at least we tried. Can someone give us a good idea of how long the typical wait for advance parole can be? The timelines given on this site are quite often skewed or innacurate. Let me be more specific...If you notice the line for Norfolk in the Immigration Timelines section here on VJ, you'll see that the numbers dont make sense. Average days between 1st NOA and biometrics = -3?? #######? Anyway, little confused please help. Need to get my wife to Russia to see her father asap. Damn the red tape. Thanks.

[payxibka 10,045]

It appears that Sasha has been "out of status" for quite some time (more than 180 days) since her I-94 expired... Correct? If so, then AP will not help.

Secondly, biometrics is performed at the Application Support Center and InfoPass is at the USCIS field office... not the same place and may not be anywhere near each other

Edited January 15, 2010 by payxibka

[Jason-Sasha 1]

So, how does AP not help her ability to travel? Even if she's been out of status, she's still here and our process has resumed. Her status will change. Thanks for your response but you never addressed any of my questions.

[payxibka 10,045]

So, how does AP not help her ability to travel? Even if she's been out of status, she's still here and our process has resumed. Her status will change. Thanks for your response but you never addressed any of my questions.

If she leaves and has accrued more than 180 days "out of status" then she will be hit with a 3 year re-entry ban.... THAT is how it won't help you because AP does not "trump" any re-entry bans... Read the I-131 instructions!

Edited January 15, 2010 by payxibka

[msu17 0]

http://www.uscis.gov/files/pressrelease/Tr...sory5_24_04.pdf

Also on the bottom of the press release. Looks like you gotta wait for the gc.

[trillium13 84]

If she leaves and has accrued more than 180 days "out of status" then she will be hit with a 3 year re-entry ban.... THAT is how it won't help you because AP does not "trump" any re-entry bans... Read the I-131 instructions!

Right. Anyone who has overstayed should NOT leave the country. Just because they give the AP doesn't mean you can/should try to use it. They give it to anyone who applies.

[Brother Hesekiel 2,236]

1

[Jason-Sasha 1]

Well, with a few appointments to our local office we've learned that she is NOT out of status and will be able to travel once AP is granted. No bans. That is for all other visa types that overstay. I appreciate everyone's input but I guess I should have gone to our local office first. I trust the few officers I spoke to who have worked there for many years.

[Jason-Sasha 1]

http://www.uscis.gov/files/pressrelease/Tr...sory5_24_04.pdf

Also on the bottom of the press release. Looks like you gotta wait for the gc.

Your press release is NOT intended for married K-1 visa entrants applying for AOS. There is NO set window of time to adjust once married legally within the 90 days given by the I-94. An applicant who waits more than 90 days to file after arrival is NOT here illegally. Illegal aliens are subject to these bans. I-94s are expired and void once the immigrant enters the POE. Hence, the reason its only good for ONE entry. Otherwise an immigrant could come and go everyday until marriage or the 90 days is up. Read the release again!

Edited February 12, 2010 by Jason-Sasha

[Jason-Sasha 1]

It appears that Sasha has been "out of status" for quite some time (more than 180 days) since her I-94 expired... Correct? If so, then AP will not help.

Secondly, biometrics is performed at the Application Support Center and InfoPass is at the USCIS field office... not the same place and may not be anywhere near each other

It appears you are wrong. Legally married K-1 entrants are NOT out of status if they wait to file AOS. Don't know where you got that idea. 90 days was simply the window to marry after arriving. And the I-94 expires the moment that applicant enters the U.S. So, is everyone out of status before and after they get married until they file AOS? Of course not. We heard from the officer at the local office of many many couples waiting years to file and didnt have problems traveling.

[payxibka 10,045]

It appears you are wrong. Legally married K-1 entrants are NOT out of status if they wait to file AOS. Don't know where you got that idea. 90 days was simply the window to marry after arriving. And the I-94 expires the moment that applicant enters the U.S. So, is everyone out of status before and after they get married until they file AOS? Of course not. We heard from the officer at the local office of many many couples waiting years to file and didnt have problems traveling.

Good luck then.... (since the USCIS is not the agency that deals directly with bans, its information should be considered carefully)

Edited February 12, 2010 by payxibka

[shikarnov 7]

It appears you are wrong. Legally married K-1 entrants are NOT out of status if they wait to file AOS. Don't know where you got that idea. 90 days was simply the window to marry after arriving. And the I-94 expires the moment that applicant enters the U.S. So, is everyone out of status before and after they get married until they file AOS? Of course not. We heard from the officer at the local office of many many couples waiting years to file and didnt have problems traveling.

I just went though this with my wife, who wanted to go to Russia on AP after having been in the country for more than 180 days without having filed for AOS, and I strongly urge you to consult with an attorney or two. You really ought to have somebody evaluate your specific situation in its entirety... And not by a mid-level bureaucrat at a local branch office who is qualified to do little more than stamp papers and file union complaints. The attorneys with whom I consulted when my wife wanted to travel were absolutely emphatic that she must not leave the country without her Green Card. The risk for problems is high, even if there are some guards that interpret the regulations loosely.

Good luck...

[payxibka 10,045]

Illegal aliens are subject to these bans. I-94s are expired and void once the immigrant enters the POE.

Huh? Considering that I-94's are not even provided/validated until you are at ther POE, how can they possibly be void the moment they enter.

[Krikit 1,164]

I-94s are expired and void once the immigrant enters the POE. Hence, the reason its only good for ONE entry. Otherwise an immigrant could come and go everyday until marriage or the 90 days is up. Read the release again!

It's the visa which is voided and expires upon entry..... not the I-94.

Quite honestly, given her circumstances, it's a game of Russian roulette if she chooses to leave the US before her adjustment of status is approved. The CBP has the final say in whether they allow someone back into the country or not. If they go to the trouble of investigating her timelines there is every possibility of them denying her entry. They don't care what the USCIS officers have to say.

[Krikit 1,164]

I was trying to remember a "for instance" because I know there's a few on the board. The most recent one is the Canadian who was issued his K-1 visa but was refused entry and the visa had "Cancelled" written over it by the CBP officer who looked into his history and found a reason not to let him in.