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Filed: Timeline

I have a simple question:

I am traveling out of the country. Upon my return, with my AP and EAD in hand, will I be considered as a permanent resident or do I come into the country under a visa or visa waiver program?

In essence - at which immigration counter should I queue up to get my papers checked?

Thanks,

Cissy

Cissy

02/01/2010 AOS (I-485/I-765/I-131) package sent to USCIS

02/02/2010 AOS package received at USCIS

02/08/2010 NOA1 for I-485/I-765/I-131, noting Date of Receipt 02/08/2010

02/10/2010 Biometrics Letter date, noting appointment on 02/26/2010

02/23/2010 Notice of Transfer to CSC

02/26/2010 Completed Biometrics Appointment

03/01/2010 I-765 status first available on-line

03/01/2010 Touch on I-765

03/03/2010 I-485 status first available on-line

03/03/2010 Touch on I-485

04/12/2010 I-131 status touch and first available online, AP approved

04/12/2010 I-485 touched and EAD approved

04/17/2010 Received AP

04/20/2010 Received EAD

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I have a simple question:

I am traveling out of the country. Upon my return, with my AP and EAD in hand, will I be considered as a permanent resident or do I come into the country under a visa or visa waiver program?

In essence - at which immigration counter should I queue up to get my papers checked?

Thanks,

Cissy

You will just need your valid AP to re-enter. (with your passport - of course)

You would still be an applicant awaiting status change, not an LPR.

Do not enter under the VWP. (unless you wish to leave in 90 days).

Depends on the airport - some let you go into the USC (with the AP/LPR), some make you go through the immigrant line. They usually have people standing in front of the lines to direct you - so ask them when you get there!

Edited by Bobby+Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Ecuador
Timeline

Adding on to what Bobby accurately says, your status is "applicant for adjustment of status" or simply "adjustment applicant."

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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I thought that when you entered again on AP you were actually "Paroled" into the US - AP = Advance Parole.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Filed: Other Timeline

Use common sense. If the line reads US Citizens, don't go there. If the line reads US Citizens & LPRs, don't go there, as you are neither of those until you eIther have a US Passport or a Green Card. What's so scary about getting into the "other" lane?

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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I thought that when you entered again on AP you were actually "Paroled" into the US - AP = Advance Parole.

This is correct.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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