Filing AOS without AP..

[Visitor User 235]

1 hour ago, geowrian said:

You would request a hearing with an immigration judge. They can make the final decision.

It would not be a delightful wait, though.

Nor is it likely a CBP officer (and their supervisor(s)) would make any such claim when the matter was settled years ago. I'm unaware of that ever happening.

Even in the Matter of Arrabally , CBP paroled the individuals into the US (actually several times over a few years!) and only later did USCIS claim them to be inadmissible due to the 10 year bar during adjudication of the I-485.

Hearing in which country? And this means AOS case delayed as well as going back to home country and wait for how long? 

 

With this said. I don’t think it’s risk departing USA until PR card in hand.

[Hypnos 6,576]

You are free to do as you wish. But literally thousands of people have travelled on AP who would otherwise be inadmissible were it not for Arrabally and I have yet to hear of a documented case indicating anyone had an issue.

[Visitor User 235]

1 hour ago, Hypnos said:

You are free to do as you wish. But literally thousands of people have travelled on AP who would otherwise be inadmissible were it not for Arrabally and I have yet to hear of a documented case indicating anyone had an issue.

You mean the ones that had the bar if upon departing (3/10 years) but were able to return based on AP? 

 

Since this law went into effect 4/1/97 and the Arabally decision was only few years ago so what about the people who used AP before Arabally and after 4/1/97? Did they return?

 

Also I adjusted on 245i grandfathered benefit and there aren’t many left now since the law ended 4/30/01. Most have already adjusted. 

Edited March 4, 2019 by Visitor User

[Hypnos 6,576]

No idea what happened to those who left before Arrabally was decided. I can't imagine it was a great many people, but who really knows.