AOS Denied while Outside USA on Adv Parole
Jul 3rd 2009, 4:56 am
#16
Concierge
Joined: Apr 2001
Posts: 46,474
Re: AOS Denied while Outside USA on Adv Parole
I recall reading about a case with the same details as you posted a few years back. Happened here in Westchester County, NY. Yes, the applicant left with valid AP, had AOS denied prior to return, was denied entry at the POE because AP was no longer valid. If memory serves me well, she was only allowed back after intervention by her local congressperson.
Jul 3rd 2009, 5:25 am
#17
Professional Drama Queen
Joined: Dec 2007
Location: West Virginia
Posts: 1,061
Re: AOS Denied while Outside USA on Adv Parole
Hi All:
Also, a pointer in reading case law -- one that I often have to make to non-lawyer adjudicators -- much in the way of immigration case law from the courts is in the nature of "you are allowed to do this." Many adjudicators then transform this into "you must do this." Re-read that case and you will see that this has happened here. This is not meant as criticism -- as I say, it is a common error.
Also, a pointer in reading case law -- one that I often have to make to non-lawyer adjudicators -- much in the way of immigration case law from the courts is in the nature of "you are allowed to do this." Many adjudicators then transform this into "you must do this." Re-read that case and you will see that this has happened here. This is not meant as criticism -- as I say, it is a common error.
From a layman's perspective it seems to be a never-ending saga of statute v's 'regulations' (which themselves are subject to change and individual interpretation!) USCIS is truly a beast of a bureaucracy worthy of placement in a Kafka novel. 
