ultrasurf

Interview went fine. We mentioned that we had some problem entering due to AP, but CBP paroled us in. The interviewer didn't seem to care about this and essentially shrugged it off, reminding us to not leave the country until green card.

Got pending decision, but after going home and checking online, the status is "New Card Is Being Produced". I assume this means good news?

Thanks to everybody who helped on this thread!

5 hours ago, Naes said:

I saw many -MANY- lawyers up this process... yet to see vj members to do that. This is the least anonymous forum there ever be under our circumstances.

Not sure I understand. What do you mean?

9 hours ago, accumbyte said:

Seems the OP of that thread conceded that it was better to refile than not:

 

Yea, I plan on attending the interview. Wondering if I should quickly do a 2nd AOS application right now before the interview without cancelling the first one, similar to what @badlo did. Trying to get a 2nd lawyer's opinion on this.

1 hour ago, Cathi said:

People in this forum are not anonymous and it isn't fearmongering when they're stating fact. More often than not we see attorneys give incorrect advice. 

The OP abandoned AOS by leaving the country. USCIS can and will deny at the interview. 

 

OP: never under any circumstances misrepresent yourself at any point during the immigration process. It's best to tell the whole truth than to lie and be found out later(and they will find out). It isn't worth it. Let us know what you decide and what happens at the interview.

We of course will not misrepresent anything. We plan to give a full list of all our travels (I-94) and a copy of our EAD/AP card.

I'll update everyone with the results after the interview.

Thanks for all your help! I might pay for a consultation with a 2nd lawyer just to double check the point about the AP issue.

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.

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).

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?

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)?

6 hours ago, Going through said:

LPR status can be revoked later, if found to have been incorrectly approved, yes.  Normally comes to light during the N400 stage.

 

 

 

 

Thanks. Sounds like I should just tell them at the interview to cancel the current AOS then? Otherwise I'd run into problems later on anyway?

9 minutes ago, Going through said:

Really up to you.  I don't see how a lawyer is going to change the facts for your specific case, however.  USCIS policy/rules are very clear on how leaving the US without an approved AP constitutes abandoning the AOS process.

 

If it ends up being denied without prejudice, my suggestion would be to file a fresh i-130 and i-485 immediately.  This way she will again be under "authorized stay" in the US while the new AOS is pending....oh, and don't leave the country again unless she has an approved AP in her hands.

If they erroneously approve the AOS, can it be revoked later? Wondering if I should just cancel appointment and refile right now.

4 minutes ago, Going through said:

Unfortunately the agent you used gave you the wrong information.

You were lucky to be able to get back into the US.

A pending AP is not the same as an approved AP.  When you left the US before the AP being actually approved, you abandoned the AOS filing.

I agree with Hypnos that the AOS is likely to be denied...however you should be able to apply for the i-485 again (and pay the fee again).

Is it worth speaking to a lawyer?

And since CR-1 and AOS applications now take 1.5-2 years to process at CSC, will she get deported after the parole period ends but before she can get GC?

And within the next year, will she get deported because the reason for parole is not "legit"? @Hypnos too.

Thanks.

2 minutes ago, Roel said:

Was your trip an emergency at least?

No; the only reason we made this dumb mistake of leaving without valid AP was that we mistakenly thought that a passport stamp from an earlier parole last year "extended" our AP validity.

We assumed this because the agent knew about our pending AP renewal application and said something to the effect of "your parole is extended for another year."

We now know this was stupid, but can't go back and fix that now 😕

Just now, Hypnos said:

When filing to renew an EAD and AP, only the EAD is automatically extended for 180 days, not the AP with it. 

 

This means that you abandoned your I-485 when you departed the US without a valid AP, and your application will likely be denied either at your interview or shortly thereafter. 

Thanks for the quick response. Do you happen to know of any similar cases on this forum where I could learn what to do now in preparation for the 4/10/19 interview then?

Can the (possibly erroneously-given) parole be invalidated at a later date and lead to deportation, or is the parole validity set in stone?

11 minutes ago, milimelo said:

~Post split from five year old topic and new thread started. For best answers, don’t tag onto someone else’s topic no matter how similar they may look to you. ~

Ok; thanks for starting the new thread.

For reference, this is the other case I am referencing.

As the AOS interview is on 4/10, I am urgently trying to:

1. see what my options are
2. if the options look grim/complicated, trying to get recommendations on a solid immigration attorney for this kind of issue

Thanks!

Does anybody happen to know where I can find an immigration attorney that specializes in cases like the above?

I ran into a similar issue, except without the deferred inspection part.

Came in as K1 in 8/2017.

Got EAD/AP in 12/2017.

Filed for EAD/AP renewal in 9/2018.

Original EAD/AP expired in 12/2018. Still haven't received EAD/AP renewal.

Just took a weekend trip abroad. Somehow got back into the States by arguing that filling the EAD/AP renewal in 9/2018 automatically extends old EAD/AP for 180 days (until 6/2019). <--this might not be right?

AOS interview is in 2 weeks.

Even though we made it back into the country, should we rightfully be concerned that the AOS application will be denied at interview?

Any tips? Any recommendations for attornies familiar with this? We need help ASAP within 10 days.

My fiancee arrived in the US last month, and we are not yet married. She opened a bank account last week and filled out a W-8BEN there with our address in the US.

The bank sent her a letter today asking her to fill out the supplement to the W-8BEN to verify her Non-resident Alien status with the Substantial Presence Test (183 days). They also provided a W-9 in the same packet. She definitely hasn't met the presence test requirement and wouldn't by the end of the year either. Should she fill in just the W-8BEN supplement and return it?

After we get married later this year and apply for AOS, will anything need to be updated with the bank?

And next year, when we file taxes, is my understanding correct that we will need to file only as married jointly or married separately?