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tumbles

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Posts posted by tumbles

  1. I'm happy to report that everything went smoothly. Our POE was Chicago O'Hare. Instead of the USC lane, I went to the visitor's side with my parents who were both traveling on AP. The line was surprisingly short with only 7-8 people in front of us. When it was almost our turn, an officer who was managing the queues saw my parents' AP papers and directed us to a certain booth. We approached the inspector and handed him my US passport, my parents' passports and both pairs of their AP papers. He curtly told us he doesn't have the type of stamp we need and to go to another officer. I told him we were specifically told to go to him. He said "oh alright" and quickly whipped out a stamp for my passport. He asked my parents what their status was when they applied for AOS. I told him they were on visitor's visa. He asked what my relationship is to them and I said I'm their daughter. He then handed back my passport and told us to follow him.

    As expected, he brought us to another room and told us to wait. Around 6 or so others were waiting in the room ahead of us. It only took about 15 minutes before another officer called my mom's name. He gave us back both passports and only one of their AP papers with a stamp. He told us we could go. At the exit of the room, an officer inspected our paperwork and allowed us to leave. We then proceeded to the luggage claim and through customs without any incident.

  2. My parents entered the US on B2 visas in May and then in August after spending wonderful time with their baby granddaughter, they decided to file concurrent I130 + I485 + I131 for their LPR. Their advance parole was approved but I130 + I485 are still pending. They now need to travel back home at the end of this month for medical reasons.

    1. They have been in the US for a little more than 180 days. My understanding is that they are still considered 'in status' because we had filed for AOS before their I94 expired. I am wondering if they could still run into re-entry issues even with AP since they stayed past the I94 date. I also read that those who overstayed their visas and then travel on AP could have their AOS application rejected. Are they considered to have 'overstayed' in that context?

    2. Could they be denied entry because they had adjusted from B2? I read some warnings that the IO at POE can decide that my parents had immigration intent and not let them in. Do they technically re-enter with their B2 if they are on AP and waiting on AOS?

    Does anyone have any experience traveling on AP while I130 and AOS from B2 are pending? Thanks much for any help.

  3. I am in the process of applying for GC for my parents through concurrent I130 + I485 filing. We received an RFE on my dad's I-485 requesting a non-availability certificate of his birth certificate. The problem is my dad was born in China back in the 1930s and moved to Hong Kong when he was a kid. Since he left such a long time ago, he doesn't have a birth certificate, hukou or Chinese ID card. He only has ID documents from Hong Kong. We were able to obtain a sworn affidavit of his birth from his cousin in China, but the RFE said that is only considered secondary evidence. Where can we get non-availability certificate in China? Since he is here in the US awaiting AOS, he is not able to leave the US to apply in person. We did submit I-131 for AP for him but I read that an RFE on I485 would essentially put processing of the AP on hold. Could I or a relative apply on his behalf? We only have 87 days to respond to the RFE and the clock is already ticking fast.

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