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Shamus6200

Adjust Statut, Parole in Place or Deferred Action?

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Sorry in advance for this wall of text.

 

I am a US Citizen by birth, and retired from the US Army. I married my German wife in 1995 while stationed in Germany and we came to the US in 1996. At the time of her entry, she was on a 90 day visa with a German passport (neither of which we have now) with the intention of staying with me for about a month until I settled in to my new unit which was slated to go to Bosnia on deployment. Once we arrived, things changed and the unit I was with did not deploy. We found a house to rent, and lived together in the US until I reclassified to a new job field and was reassigned to a duty station in Germany. We arrived in Germany in March of 1998.

 

We lived together, with our two children at the time until August of 2000 when my tour was done and we returned to the US. At the time, my wife had a German passport, and just a US military dependents ID card. She presented herself for inspection, was issued an I-94 that was stamped "Paroled pursuant to..." and "deferred inspection", as well as her passport was stamped. We have these documents. I am from Michigan, so they indicated that we needed to go to the inspection in Detroit. We ended up going directly to my duty station in Kansas, and did go to an inspection site in Kansas. At the inspection site, they stamped her I-94 with ext- (date 30 days farther along) and KAN. They said they would need to gather more information from Detroit, took all our contact information, and said they would be in contact. We never heard from them again.

 

Time passed, life happened, and we made several false starts to try and resolve her status. We've been married now for 24 years, and have 4 children together (all US citizens, 3 adults, 1 minor). She has never worked or committed any crime and has never left the United States since. During my time in the service, she was even interviewed by the Defense Intelligence Agency as part of my security clearance, and they had no issues with her. I am honorably discharged and retired and work in security now, making well above the support threshold to sponsor her.

 

So here are my questions:

 

1. Does here previous visit with over stay (which was started before the 1 April 1997 3/10 year ban law became effective) influence her eligibility for Adjustment of Status as an Immediate Relative?

 

2. If she did incur a ban from the first over stay, does her being physical present in the US now have any influence on the ban? To that, I mean, does she have to leave to serve out the ban first before an AOS and if so, would I then be eligible to apply for parole in place as a military veteran sponsoring her?

 

3. Does her inspection and parole for the deferred inspection suffice for the inspected and paroled requirement to be lawfully admitted (for the purposed of adjusting status)?

 

4. Are there other issues I am not seeing here? Other options I might have?

 

I understand a visit to a lawyer is in order here, but I am trying to wrap my head around the complexities before I walk in to an office. "Know thy enemy" so to speak.

Thank you for reading this, and any help or advice you might be able to provide.

 

Shamus

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Posted (edited)

I'm kind of shocked they allowed her to enter the second time. 

 

But since she entered legally... you could have just done AOS all this time? @missileman ? @geowrian

 

Its extremely bad that you guys cared so little about her legal status that you never took care of this. 😕 It triggers me especially since I'm an army spouse and his kind of negligence looks really bad for a serviceman. 

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Your response is fair, and I deserve no pity. I have no excuse for not adjusting her status,...honestly, the only explanation I can give you is that we were naive and ignorant, and then progressively more and more terrified as time went on. Again, not an excuse, just what it was. 

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Just now, Shamus6200 said:

Your response is fair, and I deserve no pity. I have no excuse for not adjusting her status,...honestly, the only explanation I can give you is that we were naive and ignorant, and then progressively more and more terrified as time went on. Again, not an excuse, just what it was. 

You got lucky. Recently there was a big drama of a military spouse being deported after spending many, many years in the US. Just because family didnt care about the status. 

 

I think you can just do regular AOS  but I'll wait to see what others say.  


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Posted (edited)
55 minutes ago, Shamus6200 said:

1. Does here previous visit with over stay (which was started before the 1 April 1997 3/10 year ban law became effective) influence her eligibility for Adjustment of Status as an Immediate Relative?

 

2. If she did incur a ban from the first over stay, does her being physical present in the US now have any influence on the ban? To that, I mean, does she have to leave to serve out the ban first before an AOS and if so, would I then be eligible to apply for parole in place as a military veteran sponsoring her?

 

3. Does her inspection and parole for the deferred inspection suffice for the inspected and paroled requirement to be lawfully admitted (for the purposed of adjusting status)?

 

4. Are there other issues I am not seeing here? Other options I might have?

  1. The ban applies upon exit from the US. No exit = no ban.
  2. If she were to leave, then yes she needs to serve out the ban or get a waiver. If she can do AOS - and therefore not leave - then there is no ban.
    1. She was properly inspected so I would assume she qualifies for AOS as the spouse of a USC. Overstay is ignored for AOS purposes in that case.
  3. Generally, yes.
  4. There's certainly other items that could come up depending on the circumstances, but that would be a fishing exploration to go through every possible case here.
Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thank you both for your responses. We've scheduled her medical exam, and are using Simple Citizens services to do the actual paperwork. We plan on taking what SC sends us and all of our supporting documents to an immigration lawyer for one last look at everything before we submit in order to avoid any last minute disasters in the making. Obviously, nothing is assured, but we are hopeful that this can be resolved and things will improve. 

 

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Fascinating case and raises lots of questions.

 

This was pre ESTA but I am pretty sure the regulations for the VWP were the same, prior abuse of the VWP precludes further use.

 

And she was paroled, not admitted so the rights are not the same.

 

And then add possibly PiP into the equation.

 

Please keep us advised of developments.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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The more experienced have already responded it seems she can send the documents to adjust her status.

Also I wanted to add please apply for her work permit I-765 work permit and I-131, advance parole/travel permit as well, they are both free when filing for an adjustment of status.

And please make sure she does not travel outside the US until she receives her advances parole, or else her AOS will be considered abandoned, especially in her case since she overstayed, I would not risk it.

Good luck


01/08/2018: Priority Date

01/19/2018: Checks cashed

01/22/2018: 3 NOA's received in Mail (I-130, I-485 and I-765)

02/09/201: Received Biometrics Appointment Letter scheduled for 02/22

02/10/2018: Email notification of RFIE :(

02/12/2018: Early walk-in for Biometrics, successful

02/16/2018: RFIE received for birth certificate and translation, sent back the same day

02/20/2018: RFIE response delivered, sent via Fedex

02/23/2018: Case status updated to RFIE response received

03/05/2018: Courtesy letter for I-693, medical exam received, letter dated Feb 28th

03/08/2018: AP application delivered by Fedex

03/19/2018: NOA for AP received in the mailbox

05/03/2018: AP ONLY approved (Approved in 56 days)

05/11/2018: AP received in Mail

05/21/2018: Email received,EAD card in production (Day 133)

05/22/2018: Interview scheduled

05/25/2018: EAD approval letter received in Mail

05/29/2018: EAD card and letter for interview (Jun.26th) both received in Mail, Woot woot :)

06/26/2018: Interview completed, now waiting for the magical email/letter...

10/30/2018: Went to Infopass, officer has not made a decision yet, an email was sent to him tell him I came to inquire

03/26/2019: Moved so updated our address online with USCIS

04/16/2019: I-130 petition approved

04/20/2019: approval notice received in the mail

04/22/2019: received notification of RFE for AOS I-485

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