Left the country while EAD/AP in renewal

[ultrasurf 2]

6 minutes ago, AnneA said:

Do I understand this correct? Because it's takes way too long to do a renewal of EAD/AP which really should have been a GC you're again in a situation of not being able to return to US if you leave? 

That's what it seems like. Having renewals of EAD/AP take longer than 6 months is really a problem, since the automatic extension upon filing for a renewal is only 180 days...

 

Is there any way to pick a specific service center to do AOS? It looks like CSC wait time is 400 days but the others are around 200 days.

 

Also, I was holding out hope for getting GC faster because in another thread, they filed a second AOS application quickly, and then at the interview, it seems the agent approved them for GC. Any thoughts on that (link below)?

 

[AnneA 72]

5 minutes ago, ultrasurf said:

 Any thoughts on that (link below)?

 

No sorry 😔 

[Allaboutwaiting 2,500]

17 minutes ago, ultrasurf said:

That's what it seems like. Having renewals of EAD/AP take longer than 6 months is really a problem, since the automatic extension upon filing for a renewal is only 180 days...

 

Is there any way to pick a specific service center to do AOS? It looks like CSC wait time is 400 days but the others are around 200 days.

 

Also, I was holding out hope for getting GC faster because in another thread, they filed a second AOS application quickly, and then at the interview, it seems the agent approved them for GC. Any thoughts on that (link below)?

 

Don't use threads/ cases from 5 years ago as reference. Waiting times have increased dramatically.

In my opinion, your choices are: 1) cancel original AOS -which is abandoned anyway- and file again immediately after or 2) attend the interview, mention the issue and receive advise from the USCIS agent. 

Edited March 31, 2019 by Allaboutwaiting

[ultrasurf 2]

2 minutes ago, Allaboutwaiting said:

Don't use threads/ cases from 5 years ago as reference. Waiting times have increased dramatically.

In my opinion, your choices are: 1) cancel original AOS -which is abandoned anyway- and file again immediately after or 2) attend the interview, mention the issue and receive advise from the USCIS agent. 

Thanks. I'm just worried whether there would be risk of deportation at the interview because at that time, I would not have yet filed the 2nd AOS, and the first AOS would be considered abandoned. Is an erroneously-given parole really enough?

[Allaboutwaiting 2,500]

11 minutes ago, ultrasurf said:

Thanks. I'm just worried whether there would be risk of deportation at the interview because at that time, I would not have yet filed the 2nd AOS, and the first AOS would be considered abandoned. Is an erroneously-given parole really enough?

Right now, even admitted back, as AOS was abandoned, the beneficiary is deportable, though not yet through removal proceedings.

The only thing that would place the beneficiary in an authorized stay status would be a pending AOS. 

Not sure if attending the interview would trigger removal proceedings during or immediately after. So to avoid that risk, maybe the best choice is filing right now. 

Edited March 31, 2019 by Allaboutwaiting

[Going through 5,668]

If I were in your shoes, I would attend the interview which is only less than 2 weeks away.  After the interview, if/when the GC is denied, you can then file a fresh i-485 (and would need an i-130 as well), which would put your wife in authorized stay again while the new AOS is pending approval.  Authorized stay means she can still remain in the US legally while the AOS is pending.

 

If you have a visual of men in black suits showing up at the field office and immediately escorting your wife to a plane after the IO's decision....relax...that's not what would happen immediately in the case of a denial.  

 

[Allaboutwaiting 2,500]

3 minutes ago, Going through said:

If I were in your shoes, I would attend the interview which is only less than 2 weeks away.  After the interview, if/when the GC is denied, you can then file a fresh i-485 (and would need an i-130 as well), which would put your wife in authorized stay again while the new AOS is pending approval.  Authorized stay means she can still remain in the US legally while the AOS is pending.

 

If you have a visual of men in black suits showing up at the field office and immediately escorting your wife to a plane after the IO's decision....relax...that's not what would happen immediately in the case of a denial.  

 

Agreed.

If I was going through the same, I'd prepare the whole new package (I-485 & I-130), attend the interview, ask as much as I can to the agent and file again that very same day after interview is over. 

[ultrasurf 2]

Just talked to an immigration lawyer.

 

He suggested to just go to the interview without misrepresenting anything and if asked, say that we did not intend to abandon AOS when going abroad, mistakenly assuming the AP was still valid. He suggested that since the CBP did parole us in even though the AP was technically expired, this argument might possibly be enough to convince them to approve our case.

 

When I asked if the green card could later be revoked if they found that the parole was in error, he said that as long as we don't omit our travels and explain the paroles and green card is approved, they're not going to revoke it. He says revoking would happen only if we misrepresented the travels on expired AP. Does anybody know if this is indeed true?

 

If it doesn't work out, we have 30 days to appeal following denial, so we'll just immediately file CR-1/AOS at that time.

 

So best case, we'll get approved according to the original timeline. Worst case, she can still stay in the country and just spend more $$$$ and time for the second AOS application (but there'll be some gap in employability).

Edited March 31, 2019 by ultrasurf

[Going through 5,668]

3 hours ago, ultrasurf said:

He suggested to just go to the interview without misrepresenting anything and if asked, say that we did not intend to abandon AOS when going abroad, mistakenly assuming the AP was still valid. He suggested that since the CBP did parole us in even though the AP was technically expired, this argument might possibly be enough to convince them to approve our case.

It might work.  It might not.  From USCIS website:

 

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a Green Card). In general, if you are seeking immigrant status (a Green Card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

 

 

3 hours ago, ultrasurf said:

When I asked if the green card could later be revoked if they found that the parole was in error, he said that as long as we don't omit our travels and explain the paroles and green card is approved, they're not going to revoke it. He says revoking would happen only if we misrepresented the travels on expired AP. Does anybody know if this is indeed true?

While not misrepresenting yourself is extremely important, I wouldn't hinge on the lawyer saying any prior approval can never be brought into question later on.  Like I mentioned earlier, though, questions about initial GC approval tend to come about during the N400 Naturalization stage, as the officer is reviewing the entire immigration file as part of their final adjudication.  It has happened before where USCIS moved to revoke LPR status after a N400 denial, due to the initial GC being incorrectly approved by the officer.

 

 

 

 

 

 

 

[FluffyBalls 52]

Lucky that you were admitted. This makes all the difference. If you were denied entry to the US you would've been looking at 1+ year under the CR1 route. And that thread from 5 years ago is legendary LOL. Just shows how much leeway CBP has, I guess.

 

If I were you I would attend the interview, claim this happened because of your misunderstanding of the AP extension, and hope for the best. I think there's a non-zero chance they'll let it slide. Be ready to file a new I485 asap if this one gets denied. And be ready for a long wait and don't leave this time. 

 

12-24 months AOS in some offices, 6+ months to get 1-year AP, 6+ months to renew it, nearly impossible to get emergency parole.... absolutely ******* ridiculous. And this is on top of the 7-11 months pre-AOS if going the K1 route.

 

 

Edited April 1, 2019 by FluffyBalls

[ultrasurf 2]

15 minutes ago, Going through said:

It might work.  It might not.  From USCIS website:

 

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a Green Card). In general, if you are seeking immigrant status (a Green Card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

 

 

While not misrepresenting yourself is extremely important, I wouldn't hinge on the lawyer saying any prior approval can never be brought into question later on.  Like I mentioned earlier, though, questions about initial GC approval tend to come about during the N400 Naturalization stage, as the officer is reviewing the entire immigration file as part of their final adjudication.  It has happened before where USCIS moved to revoke LPR status after a N400 denial, due to the initial GC being incorrectly approved by the officer.

 

 

 

 

 

 

 

I'm kind of in a bind then. It seems like there are two parties:

1. Some people think that if I get approved at the interview, I should just accept it and go on my merry way.
2. Some people think that even if I get approved, I can get it revoked later on, so I should just cancel and refile right now.

Tough decision.

Edited April 1, 2019 by ultrasurf

[FluffyBalls 52]

18 minutes ago, ultrasurf said:

I'm kind of in a bind then. It seems like there are two parties:

1. Some people think that if I get approved at the interview, I should just accept it and go on my merry way.
2. Some people think that even if I get approved, I can get it revoked later on, so I should just cancel and refile right now.

Tough decision.

Go with what the lawyer said over an online anonymous fearmonger.

[Going through 5,668]

I'm part of a third party, actually:

 

3.  It gets denied after attending the interview and you refile a fresh i-485 with a i-130.  

 

 

[Loren Y 2,743]

From my understanding they cannot just like one poster said throw you in handcuffs and shove you on a plane. You would have to see an immigration judge before they could remove you, so if that happens after the AOS interview and you are denied, you immediately file a new AOS petition , and bring proof of that to the court removal hearing, and you should be ok. From many posts here and in other forums the judges are not as strict as the all mighty USCIS and their ICE teams. And showing you filed a new AOS should keep you in the country. Of course it could go the other way, but I would see how the interview plays out.

[Shiran 1,134]

Mistake happens. Just go through with it and let people in charge actually decide the course of action. Answer truthfully to the questions asked, and keep us updated about how it goes. Do not misrepresent but also do not fan the flames.