Paula111

Hi, my case for adjustment of status was approved last fall and I was transferred to a USCIS Benefit Center to process the I485. How much longer do I have wait to be called to finally end that as well and the green card?

Thank you friends;)

Hi I filed I360 and I485 togheter two years ago. I just got the approval to my I 360 yesterday! What is left to do now?

Hi I received a new employment authorization card in the mail from a National Benefit Center and my Category was changed from C09P to C31.

Am I on the right path? What next?

2 hours ago, HRQX said:

OP said it was airline employees at flight check-in that didn't know what AP was (many airline employees don't even know what "Adjustment of Status" is). There is always a chance of encountering clueless airline employees; ask for higher-ups if it happens. Someone there should have a current copy of CBP's Carrier Information Guide: https://www.cbp.gov/sites/default/files/assets/documents/2017-Nov/carrier-information-guide-english.pdf Pages 44 and 45

Yes exactly what happened to me.

I just advise to go to the Airport at least 3 hours before your flight to give employees at check in enough time to figure out what AP is.

I went 1 hour and a half before and I was gonna miss my flight because of these employees. 3 hours before if traveling with AP is advised 

3 hours ago, Visitor User said:

They did not know what Advance Parole was? Awesome that you got back in. Not even sure if they know about MoA? 

 

Your unlawful presence continues until you are granted Permanent Residence?

Hi. No they do not know of AP in a foreign country ,looks like, got to go to the Airport in advance. Give them time to figure it out with a few phone calls.

I guess so, but it is not really a problem, looks like nobody care much of it 

Hallo everyone I just got back into the country after 16 years of unlawful presence with advanced parole.

This was my experience : 

Leaving from Italy- they didn't know what AP was, lots of phone calls, go to the airport with extra time.

Arrival in Miami: they told me to go to a separate office to be paroled into the Country, they took my combo card one minute later they gave it back to me and told me I was free to go. Not one question asked.

Conclusion: I will use my AP again before it expires with no more worries. Everybody unlawful presence is not an issue! Thank God

15 hours ago, Visitor User said:

Did anyone in the inspection knew about MoA? Or, all they care about is that you have the AP document? Would it be apply to someone under 245i doing AOS?

How was your experience?

I am leaving in a couple of weeks. Will update upon returning

Wow thank you so much for reassuring us with your experience!!

2 minutes ago, Teemo said:

I researched the heck out of this and am very comfortable with Matter of Arabally.  I was a significant visa overstay. Married USC, got AP. I then used AP 7 times. All times had to go to secondary inspection. All were routine. Entered with no problem all 7 times. Just don't present any sort of security risk and don't commit a crime while abroad. 

 

 

11 hours ago, Visitor User said:

What did you decide on?

I decided to go. I must due to a medical emergency. My lawyer said in case of denial he can appeal the decision with DHS from any Consulate, citing the Matter of Arrabally, and have me back into the Country. That s given if there are no criminal records or my case was not denied while abroad and USCIS did not request extra proofs of evidence. 

That s what he said

1 minute ago, Allaboutwaiting said:

Your lawyer might be interpreting the USCIS working on files from this year rather than the ones from 2018, as fast processing. But as it was mentioned already, things are, in general, taking longer.

Sometimes, people just get lucky and their cases are processed faster. 

Oh ya.. my case is Jan 2019. Thank you!

1 minute ago, JFH said:

Green card petitions based on what? Marriage? Employment? Family members? Most categories have slowed down. 

Oh great! Marriage

Hi anyone heard of this? My lawyer mentioned. Are processing time now faster?

Hi I do not know much about DACA unfortunately. In 2003 I overstayed a J1 visa (no 2 years rule).

I can't predict what a CBP would do. I can see from the posts that many are tolerants...but then others must be just strictly following the law, and the law says 3 to 10 years bar for unlawful presence. If parole is denied upon rentry, can go figure it out at a consulate out of the country... Wich I heard is gonna be quite unforgiving once they see the alien has been redirected there for denied entry, even if he can and have the right to continue his case.

I do not know if Consular Processing would have longer or shorter times than Adjustment of Status.

I guess a stricter CBP would think in the meantime he got the poor alien out of here, then we ll see...

39 minutes ago, Visitor User said:

Lot of Dreamers who had DACA with AP also were able to return using AP even though they had the 3/10 years overstay ban upon leaving USA? So the Matter of Arabally would apply there? 

 

So their AOS was denied because they used AP? So they did do a petition and got approved based on Matter of Arabally?

 

Why would a CBP deny? Because they did not know about the Matter of Arabally? They would then have to wait at their home country making the already process even longer.  

 

 In my opinion it was a no brainer to not apply for AP even if I would be qualified. It is not worth the risk of 3/10 years ban. I mean you can always exit USA when and if you get approved for Green Card in few more months. 

 

 

 

29 minutes ago, Visitor User said:

Has anyone been denied entry into USA using AP using Matter of Arrabally? I know this came few years after 4/1/97. I was in a similar situation but my lawyer told not to apply for AP because I did not qualify even under 245i.

Let's clarify the Matter of Arrabally, well at least this is what my lawyer said.

In that case Arrabally and Yerrabelly  were not denied rentry into the Country with a valid AP, they had their case denied by USCIS once back in the States because "they had departed having unlawful presence". They appealed that decision saying they did not really "depart" since they had AP and won....

Once again they were already back in the States.

That means that an alien rentry with AP, but also with unlawuful presence, can be denied at anytime by CBP if they like to. If so the alien with a valid AP will be aloud to keep his case open, thanks to the Matter of Arrabally, throu Consular Processing. Which I heard it is a real nightmare and many times the alien s case gets denied in the end.

Did I get that right my friends?

19 minutes ago, Boiler said:

I seem to recollect a couple over 10 years.

And CBP let you back in with AP?

2 minutes ago, missileman said:

Then why even grant advance parole?????  I have never heard of anyone with a valid AP document being denied strictly because of previous overstay.......and I know that thousands enter with AP every year.....

That is encouraging thank you!

Well it is a bit tricky, Advanced Parole can be approved by USCIS but they state the immigrant must be sure to qualify before applying for such document, at his own risk.

With unlawuful presence the immigrant does not qualify for rentry, at the discretion of CBP at port of entry.

Now, I know of plenty of ppl, like you do, who were approved for Advanced Parole and travelled with such document even if they accumulated unlawful presence, but none of them had accumulated over 10 years like me:(

Boiler is the first one I heard of.. 

2 minutes ago, Boiler said:

I seem to recollect a couple over 10 years.

And they let you back in?

10 minutes ago, little immigrant said:

Not after 10 years but 5 years of overstay. Sorry I can't help much. 

Thank you! Five years is the longest I heard until now

9 minutes ago, missileman said:

A valid AP document trumps any overstay, does it not?

No it does not:( not to CBP 

3 minutes ago, missileman said:

I don't know of any case where someone (immediate relative) with a valid AP document being denied entry for previous overstay

Thank you, do you know how many years of overstay did they have?

Hi is there anyone in this forum who was granted rentry on a valid Advanced Parole by CBP after over 10 years (16 exactly ) of unlawful presence in this Country? 

I read of many being granted rentry by CBP without problems after one or two years of u lawful presence with a valid Advanced Parole document, but I havent read of anyone being granted rentry after over 10 years with no stamps on their present or previous passports..

I already know of the Matter of Arrabally but that case is different, they were already readmitted into the US by CBP and they appealed USCIS decision from here and won.

So please once again, is there anyone out there who attempted rentry into the Country on an Advanced Parole after over 10 years of unlawful presence and passed CBP inspection? 

Weren't Arrabally and Yerrabelly already admitted back in the US by CBP and then denied by USCIS? They then appealed that decision once back in the US with USCIS and won?

If so that BIA does not apply to my case, my problem is getting back into the country safe without being turned away at port of entry because of unlawful presence:( 

I am afraid CBP would be allright with 1 or 2 years overstay, but I have exactly 16 years of overstay..

10 hours ago, geowrian said:

The unlawful presence would not be an issue as the immediate relative of a USC with a pending I-485. That is something that they would have considered in determining if the I-485 was (at least at face value) properly filed and I-131 subsequently approved.

 

The bar is only incurred upon "departure" from the US. Matter of Arrabally went a lot into what is classified as a "departure", but the long and short of it is that the BIA determined that one does not become inadmissible due to unlawful presence for a trip taken while in possession of a valid AP document.