question about AP

[Moon9393 0]

I will be traveling to Italy on the 20th and i already had my AOS interview but still waiting on approval letter or greencard to come in the mail. If i dont get it by that date i will use with my AP and i was wondering it will be a problem when i board on the plane on my way to italy cause i no longer have the i94?(they took it at the interview)

Second question, when i come back having the advance parole do I fill up the I94 the white one??right? I gotta go through Atlanta POE and i already had very bad experiences over there...they put me in the "second room" for over an hour! I hope with the AP will be faster

thanks

[scy 0]

I will be traveling to Italy on the 20th and i already had my AOS interview but still waiting on approval letter or greencard to come in the mail. If i dont get it by that date i will use with my AP and i was wondering it will be a problem when i board on the plane on my way to italy cause i no longer have the i94?(they took it at the interview)

Second question, when i come back having the advance parole do I fill up the I94 the white one??right? I gotta go through Atlanta POE and i already had very bad experiences over there...they put me in the "second room" for over an hour! I hope with the AP will be faster

thanks

I wouldn't go to Italy. If you were approved at your interview, you are now a legal permanent resident. The AP won't apply to you. You need a reentry permit to travel as a LPR. I personally would wait for the I-551 to arrive. You are in a sort of limbo status right now and any travel outside the country is not a good idea. And by law, you're supposed to turn in the I-94 to Customs and Border Protection when you depart the country.

See a lawyer.

Good luck.

[Kez/JWolf 6]

Sorry to hear you have not received your greencard yet... I would make an infopass appointment and ask for the I-551 stamp in your passport... that is all you need to travel... you do not need a re-entry permit unless you are going to be out of the states for more than a year... as a LPR you do not need to have an I-94 to hand in on exit... that is why it was taken from you at interview...

I dont think you need to see a lawyer.. just go get the stamp take your tickets with you and anything else you have to show you have had your interview and have been approved....

Good Luck

Kezzie

[scy 0]

Sorry to hear you have not received your greencard yet... I would make an infopass appointment and ask for the I-551 stamp in your passport... that is all you need to travel... you do not need a re-entry permit unless you are going to be out of the states for more than a year... as a LPR you do not need to have an I-94 to hand in on exit... that is why it was taken from you at interview...

I dont think you need to see a lawyer.. just go get the stamp take your tickets with you and anything else you have to show you have had your interview and have been approved....

Good Luck

Kezzie

I read this interesting article on the "temporary I-551" stamp. The basic summary is that the temporary I-551 should not be trusted as proof of legal permanent residency. The only proof of permanent residency is the I-551 card. In other words, USCIS might stamp your passport, but if they haven't stamped the I-485 and internal records as approved, the I-551 stamp is meaningless.

"Two recent federal district court decisions – one in California, the other in Florida (just affirmed by the Eleventh Circuit) – address the question of what constitutes a decision granting lawful permanent residence. Both arose in the context of adjustment of status, the process by which noncitizens in a temporary or irregular status can convert to lawful residence, sometimes referred to as “green card” status. (In the Florida case, one of the authors of this column, Stanley Mailman, testified on this process as an expert witness for the plaintiff.) As a result of these decisions, immigration lawyers now have to wonder, despite an official INS stamp (called “Temporary Evidence of . . . Lawful Permanent Residence”) whether the Service has actually granted their client’s application for permanent residence, or will do so. And in other ways the decisions leave a wide swath of uncertainty."

http://www.twmlaw.com/new/insapproval.html

[Kez/JWolf 6]

I have never heard of anyone being refused entry with the I-551 stamp in their passport.... The stamp is only given if you have been approved and you are waiting for your Greencard to arrive or you are lifting conditions and are waiting for the 10 year card to come.....

USCIS will only stamp your passport if your case shows as being approved.. so I think things have changed since the cases quoted in your link....

I would not have any concerns about going abroad with my I-551 stamp... we went to Toronto for the weekend and returned with no problems....

Kezzie

[pinac 0]

I will be traveling to Italy on the 20th and i already had my AOS interview but still waiting on approval letter or greencard to come in the mail. If i dont get it by that date i will use with my AP and i was wondering it will be a problem when i board on the plane on my way to italy cause i no longer have the i94?(they took it at the interview)

Second question, when i come back having the advance parole do I fill up the I94 the white one??right? I gotta go through Atlanta POE and i already had very bad experiences over there...they put me in the "second room" for over an hour! I hope with the AP will be faster

thanks

If you were approved at the interview you should try and get the stamp in the passport.

If you were not approved at the interview and you still have not been approved by the time of your trip then you can travel on AP.

When you come back on AP you do have to fill in another I-94 and you will most likely go off into the "second room" for a few minutes while they process the AP. Not a big deal, they rarely ask any questions there, it is just part of the process.

[Moon9393 0]

I will be traveling to Italy on the 20th and i already had my AOS interview but still waiting on approval letter or greencard to come in the mail. If i dont get it by that date i will use with my AP and i was wondering it will be a problem when i board on the plane on my way to italy cause i no longer have the i94?(they took it at the interview)

Second question, when i come back having the advance parole do I fill up the I94 the white one??right? I gotta go through Atlanta POE and i already had very bad experiences over there...they put me in the "second room" for over an hour! I hope with the AP will be faster

thanks

If you were approved at the interview you should try and get the stamp in the passport.

If you were not approved at the interview and you still have not been approved by the time of your trip then you can travel on AP.

When you come back on AP you do have to fill in another I-94 and you will most likely go off into the "second room" for a few minutes while they process the AP. Not a big deal, they rarely ask any questions there, it is just part of the process.

I was verbally approved by the immigration officer but she said i had to wait for an approval letter to come in the mail in a week or 2.Its been 3 weeks! If i dont have the approval letter i cant get my passport stamped. I have an infopass on monday to figure out what happened to my approval letter...hopefully they will know something about it

[Moon9393 0]

For everybody that wanted to know. I went to the immigration office this morning and they told me i can travel with my AP even if my I-94 has been removed.

[gag54611 1]

My wife had her AOS interview last week and was approved but told that final approval was being held back pending her FBI name check. Perhaps you have the same holdup in your case.

My wife was told that she could travel with her AP document, and her I-94 was also taken away from her.

G

[Moon9393 0]

My wife had her AOS interview last week and was approved but told that final approval was being held back pending her FBI name check. Perhaps you have the same holdup in your case.

My wife was told that she could travel with her AP document, and her I-94 was also taken away from her.

G

At the time of the interview we asked about the FBI fingerprints and background check and she said she already had these informations back from the FBI. Who knows why its taking so long Maybe they think im some kind of mafia boss cause im italian