DCF or SB1 - Need some clarity

[ImminentImmigrant 1]

13 hours ago, jan22 said:

A sick grandmother--whether or not there are other family members there or not--- will not qualify in furnace B-1 Visa.

 

If you are actually admitted into the US with your current green card, there would be no need to/reason to/way to adjust status. If you are admitted, the officer at the Port of Entry is saying that you did not lose your LPR status.  Boiler was talking about a case where you would be refused admittance but are paroled into the US for an immigration hearing.

Ahh. Got it!

Last question. If I am paroled into the US, will I be able to work? If I immediately apply for AOS, i'd also have to apply for Employment Authorization (an EAD). How long would that typically take? Trying to calculate how long I'd not be able to work after entering the US.

 

[Boiler 43,398]

You are a PR until an IJ says you are not.

[ImminentImmigrant 1]

22 minutes ago, Boiler said:

You are a PR until an IJ says you are not.

Got it. So if s/he says I'm not & starts removal proceedings, will there be a gap in my ability to work? My worst fear is getting a job and then jeopardizing it because of my status.

Edited September 4, 2017 by Quite Confused
gender

[Boiler 43,398]

Why would your Employer ask?  You can expedite AP.

[ImminentImmigrant 1]

26 minutes ago, Boiler said:

Why would your Employer ask?  You can expedite AP.

Hmm that's true, they won't ask. I'm sorry but what do you mean by AP? Thought it meant Advanced Parole. To my understanding I'd have to file for AoS and an EAD if the IJ starts Removal Proceedings.

[Boiler 43,398]

Sorry meant AP/EAD card it is a combo.

[ImminentImmigrant 1]

So I was consulting with a lawyer and ran my plan by him (what Boiler suggested) and here was his opinion on it:

In theory it might work ... IF they agree to parole you in and IF the airlines allows you to get on the plane. In practice, it will be a problem ... an IJ can only grant a greencard AFTER the I-130 has been approved by CIS. The IJ in most cases will not grant 5-9 month continuances for CIS to process the I-130.

 

I understand that immi law is an inexact/subjective and a lawyer could be motivated to not let a potential client go, so those could be why he is trying to discourage me. Wondering what y'all thought of this.

 

Thanks.

[Boiler 43,398]

I would have asked why with a valid GC you would not be allowed on the plane?

 

Obviously the preferred option is to be admitted, the worst that can happen is to be paroled, well they could detain you but that is extremely unlikely.

 

I have a friend who is an IJ, I avoid immigration discussions, perhaps I will ask him one day over a bee what he would do.

[Boiler 43,398]

Ooops beer

[ImminentImmigrant 1]

Dang, that's a nice friend to have.

A thought occurred to me: Instead of entering USA, being referred to an IJ, them starting removal proceedings on me, and then me filing for i485 (Adj oS) and a new i130, I could abandon by current GC and file for fresh i130 through DCF from India. This would mean not having potentially year long i485 going on. DCF is supposed to be the fastest way to get a new GC. On entering USA I won't have anything else to do as I'd be on an IR1.

 

 

[Boiler 43,398]

5 minutes ago, Quite Confused said:

Dang, that's a nice friend to have.

A thought occurred to me: Instead of entering USA, being referred to an IJ, them starting removal proceedings on me, and then me filing for i485 (Adj oS) and a new i130, I could abandon by current GC and file for fresh i130 through DCF from India. This would mean not having potentially year long i485 going on. DCF is supposed to be the fastest way to get a new GC. On entering USA I won't have anything else to do as I'd be on an IR1.

 

 

Definitely an option, I assume India does DCF.

[ImminentImmigrant 1]

It does, and my spouse is on the eligible Indian visa for her to DCF for me too.

Thanks again for your advice, I appreciate it!