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tolitzpogi

Will my wife have problems with this situation with AP?

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My wife just received her EAD/AP combo card today (thank god), but as I was reading up on reentry using the AP, I found this line from this site:

I was granted advance parole. Can I reenter the United States without any issues?

It depends on if you may be subject to any grounds of inadmissibility, and if so, which ones.

UNLAWFUL PRESENCE

Have you been unlawfully present in the United States?

A person may be considered unlawfully present here in the United States if he entered without any papers or if he overstayed his visa.

If you have accrued unlawful presence, you will probably be safe reentering the United States on a grant of advance parole. The Board of Immigration Appeals recently held that persons issued an advance parole document, who have accrued unlawful presence in the United States, will not be deemed inadmissible for unlawful presence upon return to the United States.

So — if the only potential ground of inadmissibility is unlawful presence — you are probably safe relying on advance parole.

My wife arrived in the U.S. on 11/09/2014, and we got married on 01/02/2015, but we only got to file our AOS on 03/02/2015 due to the long wait for our marriage certificate and saving up for the AOS filing fee. So in essence, she was out of status for just over three weeks after her I-94 expired.

My wife's AOS interview is on 06/10/2015, and plans to go back to the Philippines to pickup the K2 kids on 06/12/2015, and returning on 06/25/2015. If she gets approved on the spot, we plan to ask for an I-551 stamp on her passport after showing the OC her itinerary.

Has anyone who had roughly the same situation as I ever experienced problems reentering the U.S. with the AP and/or the I-551 stamp? I would think picking up the K2 kids would be a valid reason, but I wanted to see if there will be issues so I can prepare for them.

Thanks as always!

Edited by tolitzpogi

10/25/2008 - Met on Friendster
12/22/2010 - Met in person in the Philippines for the first time

05/18/2013 - Got engaged

K1 Timeline:

02/28/2014 - I-129F Submitted
04/08/2014 - I-129F NOA2 Received

07/03/2014 - SLEC Medical Appointment 1 (Result: Sputum Culture)

09/18/2014 - SLEC Medical Appointment 2 (Result: Passed)

10/14/2014 - K1 Visa Interview (Result: Approved)

10/23/2014 - K1 Visa Issued

11/09/2014 - Entered USA (POE: Los Angeles)

01/02/2015 - Wedding Day

AOS Timeline:

03/02/2015 - I-485 Submitted (with I-765 & I-131)

03/13/2015 - I-485 NOA Received (with NOA for I-765 & I-131)

03/30/2015 - Biometrics Appointment Completed

05/12/2015 - I-785 & I-131 Approved

05/20/2015 - EAD/AP Combo Card Received

06/10/2015 - AOS Interview (Result: Approved)

06/18/2015 - Conditional Green Card Received

ROC Timeline:

05/15/2017 - I-751 Submitted 
05/26/2017 - I-751 NOA Received 
06/13/2017 - Biometrics Appointment Completed

07/18/2017 - Extension NOA Received (one year extension)
03/05/2018 - I-751 Received by Local Office
04/20/2018 - Infopass Appointment (Result: I-551 Stamp on Passport, six-month extension)

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~Moved from Fam.-based AOS to Working and Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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If she has been approved for permanent residency and gets an I-551 stamp, then she won't be using AP to re-enter anyway.

She would have needed to have over 180 days of overstay, but being barred from entry when you have more than 180 days of overstay no longer applies to those that have received AP based on being an AOS applicant.

There was a BIA ruling a few years back, Matter of Arrabally and Yerrabelly.

FAM notes state this > http://www.state.gov/documents/organization/87120.pdf

9 FAM 40.92 N2.2 INA 212(a)(9)(B)(i)(II) Departure At Any Time

The 10-year bar under INA 212(a)(9)(B)(i)(II) does not contain the same language as the three-year bar under INA 212(a)(9)(i)(I) relating to the alien having departed voluntarily prior to commencement of removal proceedings. Thus, an alien who departs the United States after having been unlawfully present for a period of one year or more subsequent to April 1, 1997, is barred from returning to the United States for 10 years, whether the departure was before, during, or after removal proceedings and whether the alien departed on his or her own initiative or under removal order. The one exception to this rule (see also INA 212(a((9)(B)(v)) is that an alien cannot become inadmissible under INA 212(a)(9)(B)(i)(II) solely by virtue of a departure and return to the United States undertaken pursuant to a valid grant of advance parole based on the alien’s pending application for adjustment of status. Note that this does not preclude a trip under a grant of advance parole from being considered a “departure” for any other purposes under the INA, nor does it call into question the applicability of any other inadmissibility ground. On the contrary, it is well settled that an alien who leaves the United States and returns under a grant of advance parole is subject to those grounds of inadmissibility that may apply, rather than grounds of deportability, once parole is terminated. (See Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012.)

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I recently traveled using the combo card. I sent in AOS 4-5 months after i94 expired and I had no problems getting back in. Just brought my marriage certificate and AP and AOS NOA2. Some officers aren't familiar with the combo card yet so just show them these documents. Dunno about the I-551 stamp since I got the interview waiver and still waiting for an interview.


My K1 timeline (4 months/NO expedites): http://www.visajourney.com/timeline/profile.php?cfl=0&id=163489

My AOS timeline (10 months):

08/16/2014 - Sent in AOS package

08/18/2014 - Delivered per USPS website

08/22/2014 - Text of receipt numbers received

08/27/2014 - NOA hard copies received (dated 08/19 and 08/21)

08/29/2014 - Notice date of Biometrics letter

09/11/2014 - Received Biometrics appointment letter

09/18/2014 - Biometrics completed at USCIS Raleigh, North Carolina

11/08/2014 - EAD / Travel Document approved and went to card production

11/19/2014 - Received EAD/AP combo card (dated 11/14/2014)

12/16/2014 - Received Notice of Potential Interview Waiver letter dated 12/11/14

06/24/2015 - AOS approved! Card picked up by USPS KY for delivery

06/26/2015 - Received green card by mail (Yay I can rest for 2 years!)

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Thanks for the answers, I really appreciate it! Now I can prepare appropriately. Cheers!


10/25/2008 - Met on Friendster
12/22/2010 - Met in person in the Philippines for the first time

05/18/2013 - Got engaged

K1 Timeline:

02/28/2014 - I-129F Submitted
04/08/2014 - I-129F NOA2 Received

07/03/2014 - SLEC Medical Appointment 1 (Result: Sputum Culture)

09/18/2014 - SLEC Medical Appointment 2 (Result: Passed)

10/14/2014 - K1 Visa Interview (Result: Approved)

10/23/2014 - K1 Visa Issued

11/09/2014 - Entered USA (POE: Los Angeles)

01/02/2015 - Wedding Day

AOS Timeline:

03/02/2015 - I-485 Submitted (with I-765 & I-131)

03/13/2015 - I-485 NOA Received (with NOA for I-765 & I-131)

03/30/2015 - Biometrics Appointment Completed

05/12/2015 - I-785 & I-131 Approved

05/20/2015 - EAD/AP Combo Card Received

06/10/2015 - AOS Interview (Result: Approved)

06/18/2015 - Conditional Green Card Received

ROC Timeline:

05/15/2017 - I-751 Submitted 
05/26/2017 - I-751 NOA Received 
06/13/2017 - Biometrics Appointment Completed

07/18/2017 - Extension NOA Received (one year extension)
03/05/2018 - I-751 Received by Local Office
04/20/2018 - Infopass Appointment (Result: I-551 Stamp on Passport, six-month extension)

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A repeated post that spams the forums has been removed.

VJ Moderation


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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If you are referring to my post, I think the community would understand it being repeated on several different conversations as to make the community aware of the situation they could fall into. My goal is not to spam but to save someone else the heartache and misery my wife went through.


I (Todd) am the petitioner from the U.S. / Beth is in/from Philippines :thumbs:

---------------VISA JOURNEY---------------------------------------------------------------------------------------------------------------------------

6-30-2014: Mailed I129F Packet to Dallas Lockbox......... H e e e r e WE g o o o o o!! (L):wub::dance:

7-08-2014: Received email confirmation & text of application packet receipt and case #. Texas Service Center.

7-11-2014: Received actual letter confirmation of receipt and case #.

7-11-2014: Received email notification of Alien registration # being changed.

7-31-2014: Received text/email of I129F approval (Post Decision Activity) yes, we were processed at TSC!

8-04-2014: Received hard copy NOA2 in mail confirming approved and sent to NVC.

8-05-2014: Received text/email and USCIS status update. 2nd half of Post Decision Activity - Sent to DOS for processing.

8-13-2014: NVC assigned case/MNL# !!!

8-15 -2014: Interview scheduled.....August 28!

8-15 -2014: CEAC status: IN TRANSIT to Consular Section.

8-18-2014: CEAC status changed to "READY"

8-18-2014: Shots completed 2nd day. Medical complete. received a CD, papers, and passport

8-19-2014: Completed CFO seminar (Will return to CFO office to get sticker after Visa is in hand)

8-25-2014: Received hard copy of NVC case # assignment and fwd to consulate letter in mail.

8-28-2014: 1:00 am my time...........Interview done.........APPROVED !!! :dancing:(L):wow::wub::thumbs:

9-02-2014: Administrative Processing

9-04-2014: Issued

9-07-2014: Text msg from 2GO, Visa ready for pickup

9-08-2014: Visa in hand, CFO sticker obtained

--------AOS JOURNEY-----------------------------------------------------------------------------------------------------------------------------------------------

12-05-2014: AOS Package at Chicago Lockbox received per U.S. mail tracking

12-19-2014: Received texts/emails that file has been accepted and routed. (All three...485, 131,765)

12-26-2014: Received Biometrics appointment notice. Scheduled 1-7-2015.

12-27-2014: Received NOA1 / I-797C in mail for all three applications.

01-07-2014: Biometrics completed in Fort Smith, AR. .. went in early, they took us no problem. Took maybe 10 minutes.

02-10-2015: Received text and emails notification of approved EAD and AP. Status changed to reflect approval.

02-17-2-15: Received NOA I-797 letter only.....for Advanced Parole in mail.

02-21-2015: Received EAD/AP combo card in mail today.

03-19-2015: Received the "Notice of Potential Interview Case" letter in mail today.

06-03-2015: Requested to expedite due to potential loss of funds if vacation had to be cancelled due to non acceptable travel docs to Mexico.

06-05-205: Response denying expedite. Stated while sounded important, only cases strictly adhering to the "qualification" to expedite are granted such process.

08-11-2015: Sent "out of processing time" inquiry

08-12-2015: Received generic response stating that due to workload factors USCIS anticipates a delay in completing your case."

08-15-2015: (Saturday@8am) received email stating a recent processing action has taken place on our case. Status:Card/Document Production

"We ordered your new card for MSCxxxxxxxx, and will mail it. You can expect your card within 30 days of approval of your application.

8-12-2015: Online status changed to "NEW CARD IS BEING PRODUCED" . Couple days later, received hard copy of notice.

8-31-2015: Received text notifying that "We mailed your new card"

9-01-2015: Received GREEN CARD!! 275 days from date of mailing/filing AOS.

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See PM.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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If you are referring to my post, I think the community would understand it being repeated on several different conversations as to make the community aware of the situation they could fall into. My goal is not to spam but to save someone else the heartache and misery my wife went through.

~That is all well and good. However, the method that you are using, multiple posting of the same unsolicited message, is considered SPAM according to the VJ Terms of Service. You are encouraged and notified to refrain from such activity, or administrative actions will be forthcoming.~

Pitaya

VJ Moderator


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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