first of all hey everyone, this is actually Jenn's husband talking, been living in america for 11 months now, i have my work authorization and junk, anyway first of all let me tell you effed up adjustment of status actually is, so back in june my uncle who i was very close with was litterally on his death bed with cancer and was given a week to live, so i start rushing around to get everything together for emergency advance parole, doctors notes, proper papers filled out and the $175 fee, so i got these things together and drove down to philly, i got there and got called up and the lady took one look at my stuff and said "we don't do uncles, not approving you" nice lady eh? so my uncle died 9 days later and i never got to say goodbye or see him again and never got to go to his funeral, anyway onto my question, i still can't officially leave the country i don't think, but i ahve a trip planned to canada at the end of augest for my yearly family vacation that i have went on every year of my life, so i was wondering what are my chances of getting into canada and making it back to the usa if i'm driving there and back? and what exactly do they check for at the border these days? cause i still only have my canadian drivers licesense and everytime i've went through the border there and back they've only quickly checked my licesense and birth certificate, i so desperatly want to do this trip as i have not seen my friends or family in almost a year and especially since my family just lost my uncle, please reply, thank you in advance and i'm sorry for the bad grammer, i'm writing this in a hurry, thanks again

bump

You still cant leave the States without AP.... if you do USCIS will consider your AOS abandoned....

you also need to update your timeline so we can see where you are in the AOS journey....

Kezzie

i already know this, my question was what are my chances of getting caught, driving through the border, cause anytime i've ever driven through the border, they take 2 seconds to look at my licesense and birth certificate and then say go ahead

When was the last time you went through the border?

I believe they are in the process of upgrading security at the US/Can border. For example, the new I-94A, which has an RFID chip in it so they can detect if you cross the border. I imagine due to this you're more likely now to get stopped and actually inspected at a border post.

I'm sure it varies from border post to border post, but from what I hear the Border Patrol are trying to plug those holes.

Not worth the risk IMHO.

If you use your CND license, then you would be entering the country as a Canadian visitor, no? This is inappropriate. You need to be entering the country with your AP as a pending AOS applicant.

I dont know all POE details (although I should by now!), but certainly this would have some sort of paper trail, etc.

its been less then a year since i went through the border last, i mena they would see my canadian licesense and think i was just returning to my country and then when i come back over i just say i'm visiting a friend and thats it, seems easy enough i never see them take a second glance and yes its innapropriate, but the government is innapropriate and completely screwed me over beyond repair, so yeah

It sounds as though you have your mind made up, and Im sorry I do NOT know what can happen at the POE.

We do all recognize your frustration with the system, but they can provide you with the appropriate document to help you in this circumstance. If you knew that an important date (reunion) was upcoming in August, what would stop you from applying for the regular AP? I would think that would just be the simplest way to go. Kind of moot now, but sounds like it would have been the logical thing to do.

Good luck, you may need it.

What you are proposing is illegal.

Are you willing to risk being together for a while?

Do you not think that they ever check to see if your name is in their system? It will be now ... showing that you last entered on a K1. Do you want to risk being turned away at the border and starting over again with an I-130?

You can rationalize to yourself all you want about how righteous it would be for you, but it doesn't take away the poorness of the decision and they won't give you extra credit for what you consider "fair".

well i figured that since i got so rudely and coldy rejected for emergency advance parole for my uncle dying, didn't think i'd have a chance in hell to get AP for a family vacation and also how long does it take to get regular advance parol? like 2+ months right?

I've never heard of a normal AP being rejected for any reason. If you had filed for AOS/AP right after marriage, you would have had it 7 months ago.

If you had applied for a regular AP when you tried to get the emergancy one then you would have had it by now....

If you do what you are thinking of doing you will be committing visa fraud and will have to face all the repercussions that go with that....

If you get denied at the border then you will have to file for a K3 and well you could well be sitting in canada until next spring.....

Kezzie

how long does it take for a regular AP and why would a regular AP get approved, isn't an emergency AP just a little more serious then a regular AP

a regular AP usually gets approved 60 - 90 days. Of course you have some that fall outside the bell curve.

The Emergency AP is usually granted for a specific reason, and unfortunately the person you dealt with didnt't feel it qualified. Its kinda of an on-the-spot processing and is up to the discretion of the officer you speak with.

A regular AP is just a document you would apply for should you need it or if you have an intended need. Like we have said, just because the officer didnt feel as though you qualified for the Emergency does not at ALL mean you would be denied for the regular.

i'm sooooo effing frustrated with this whole process *bangs head on desk*

is there any quick way to get AP, like going to the office and doing everything in person or something?

Only for emergencies.

correct!

if a close relative on there death bed doesn't count as an emergency, what the heck does?

an immediate relative

mother/father/son/daughter

auravixen, can I ask why it is that if this is a yearly trip that your family do, you have not thought about how you are going to be able to attend as you have no permission to re-enter the states if you leave....

Or have you always intended to just go and hope for the best???

Kezzie

thats crap, but anyway let me ask this, what if my uncle raised me from a baby ause both my parents died in a car crash or soemthing

I don't think the "holier than thou" attitude is necessary. Its been made pretty clear to auravixen that crossing the border without AP is bad.

Indeed, that's pretty stupid. I can't see why the government employee gets to decide what is and isn't an emergency for you. Bureacracy's have no emotions I guess.

Isnt this a moot point now? The current situation is that you want to go to the reunion. This does not qualify as an Emergency, and we have already established you risk re-entry by using only your CND license.

What other advice are you looking for?

are you kidding me Kezzie? i've been dealing with this crap non stop and also i don't have the billions of dollars (sarcasm) its takes to do all this stuff, sorry that i'm at my wits ends, i feel like a damn prisoner

gah i know its a moot point, i was just throwing it out there

We have all been dealing with the same crap as you and yes we all have spent a lot of time and money on doing this....

I have not been home to visit my family since Feb 2005... but I had to accept that I would not be able to go until I got my greencard....

I do not what sort of answer you are looking for... but you know the risks you will be taking if you choose to go with out AP...

You may think I was being holier than thou... but a little bit of planning would have avoided this entire situation... that was all I was pointing out...

Sorry if I have offended anyone....

Kezzie

Had that been the case, you would have noted it in your emergency AP application, and quite possibly, the outcome may have been to your liking. However, that wasn't articulated and therefore the EAP was denied. There's no sense in kicking yourself over what is passed. If the vacation is worth more to you than the chance to reach the end of your AOS, then, it's your decision to take the chance. But please be prepared for adverse consequences of being deemed to have abandoned the AOS, or worse yet, misrepresentationa t a POE. Now ask yourself, is it worth it? Alternatively, if the family are in Canada, and driving over the border as a Canadian visitor is simpler than leaving and re-entering as a pending immigrant, why not speak to the family about holding the reunion stateside? The glass can be viewed as half empty or half-full. Which is your pleasure?

You could have obtained regular AP 3 times over by now, most people file for AP and EAD as well as AoS all at the same time.

You did not and now seem intent on blaming everybody else. Except yourself.

You can still file. You do not need a specific reason. I put down to visit elderly parents.

I always thought of emergency AP as something you tried for if the regular AP was still going through the system. Might have improved your chances if that had been the case, we will never know.

*looks over everything he wrote and can't find anywhere where he blamed anyone*

And everyone here seems intent on giving him a good "telling off". Is everyone on this forum a bunch of 3rd grade teachers? The guy is frustrated, asked a question and got his answer. The continued berating of his decision making is hardly necessary is it?

thank you Dr i appreciate that

The latter one confuses me, you stated you had not applied for AP.

Personally I can not see why they can not print AP on your AOS receipt, or for that matter get you a GC within a few weeks, but I do not control the system.

Good thread for everyone to read. Think of regular AP as 'travel insurance'. File with AOS and it will be there when you need it.

This would be a material misrepresentation at the POE, and I would think more significant than the leaving itself.

You seem to have your answers, although it's not what you wanted to hear (or would anyone in the same position).

uh Boiler those quotes you just quoted me on, have to do with emergency parole, yes the government is crap down here and yes that lady is a cold hearted ######, but i didn't blame her for anything and dealing with this crap non stop has nothing to do with blame on anything

just for a side note, i jsut wanted to say that his nothing to do with Jenn or any of her views, everything i have said are strictly my views

i won't go into the rights or wrongs of the border crossing because i think that's been articulated enough.
what happened to you, auravixen, wasn't very nice, but we've all had our various obstacles.... just don't let it drive you mad...
find alternate solutions to the problem. like someone mentioned... maybe have the loved ones come stateside instead. or simply postpone the event for 60-90 days until you can get regular AP. i would love to go and see my family but realistically i have to wait. its frustrating but remember that its temporary. good luck to you. hope something works out in your favor.


edited to add - oh and for the AOS part of your journey. it does help us see the whole picture a little better. and i'm in philly too!