AP
May 9th 2008, 6:23 pm
#1
BE Forum Addict
Thread Starter
Joined: Dec 2007
Location: Kansas, USA
Posts: 2,620
AP
Yeah I know there are many threads on AP, all I want to know is, once you have AP, can you travel while your GC is still pending? I know that that is the reason AP is granted, but I also know there are problems with using AP when you have entered the country on a VWP in the first place and overstayed. Can someone please just outline the pitfalls if I was to use it? Thanks in advance.
May 9th 2008, 6:24 pm
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: AP
Yeah I know there are many threads on AP, all I want to know is, once you have AP, can you travel while your GC is still pending? I know that that is the reason AP is granted, but I also know there are problems with using AP when you have entered the country on a VWP in the first place and overstayed. Can someone please just outline the pitfalls if I was to use it? Thanks in advance.
Rene
May 9th 2008, 6:39 pm
#3
BE Forum Addict
Thread Starter
Joined: Dec 2007
Location: Kansas, USA
Posts: 2,620
Re: AP
Well when I came over here on VWP (Oct.7th, 07), it was originally for 10 days, then we got married and filed for me to stay. We got back our notices of action on Jan 18th 08, which was 11 days after my visa ran out and I have been here since. Do they class the time I have been in "pending status" as overstay or not?
May 9th 2008, 6:40 pm
#4
Joined: Apr 2002
Posts: 35,082
Re: AP
Well when I came over here on VWP (Oct.7th, 07), it was originally for 10 days, then we got married and filed for me to stay. We got back our notices of action on Jan 18th 08, which was 11 days after my visa ran out and I have been here since. Do they class the time I have been in "pending status" as overstay or not?
Others in your same situation have used AP and not incurred a ban.
Have you read this memo?
http://www.uscis.gov/files/pressrele...sory100406.pdf
May 9th 2008, 6:49 pm
#5
BE Forum Addict
Thread Starter
Joined: Dec 2007
Location: Kansas, USA
Posts: 2,620
Re: AP
No, they do not, as far as we know.
Others in your same situation have used AP and not incurred a ban.
Have you read this memo?
http://www.uscis.gov/files/pressrele...sory100406.pdf
Others in your same situation have used AP and not incurred a ban.
Have you read this memo?
http://www.uscis.gov/files/pressrele...sory100406.pdf
May 9th 2008, 7:50 pm
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: AP
Yeah I know there are many threads on AP, all I want to know is, once you have AP, can you travel while your GC is still pending? I know that that is the reason AP is granted, but I also know there are problems with using AP when you have entered the country on a VWP in the first place and overstayed. Can someone please just outline the pitfalls if I was to use it? Thanks in advance.
If you filed for adjustment before the 90 days expired, you will have no unlawful presence. Use of the advance parole at any time thereafter will actually improve your situation because an parolee gets a hearing, but a VW does not.
If you filed for adjustment AFTER the 90 days expired, but leave with Advance Parole BEFORE 270 days have elapsed since entry, you can use the advance parole. In fact, your legal situation will be improved as noted above.
May 9th 2008, 8:20 pm
#7
BE Forum Addict
Thread Starter
Joined: Dec 2007
Location: Kansas, USA
Posts: 2,620
Re: AP
Hi:
If you filed for adjustment before the 90 days expired, you will have no unlawful presence.
We filed before that, but had no correspondence to prove that until after the 90 days expired (NOA)
Use of the advance parole at any time thereafter will actually improve your situation because an parolee gets a hearing, but a VW does not.
If you filed for adjustment AFTER the 90 days expired, but leave with Advance Parole BEFORE 270 days have elapsed since entry, you can use the advance parole. In fact, your legal situation will be improved as noted above.
ok, why 270 days? Can I not use AP after 270 days, I don't get that. Thank you for replying
If you filed for adjustment before the 90 days expired, you will have no unlawful presence.
We filed before that, but had no correspondence to prove that until after the 90 days expired (NOA)
Use of the advance parole at any time thereafter will actually improve your situation because an parolee gets a hearing, but a VW does not.
If you filed for adjustment AFTER the 90 days expired, but leave with Advance Parole BEFORE 270 days have elapsed since entry, you can use the advance parole. In fact, your legal situation will be improved as noted above.
ok, why 270 days? Can I not use AP after 270 days, I don't get that. Thank you for replying
May 9th 2008, 8:42 pm
#8
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: AP
We filed before that, but had no correspondence to prove that until after the 90 days expired (NOA)
ok, why 270 days? Can I not use AP after 270 days, I don't get that. Thank you for replying
Rene
May 9th 2008, 10:19 pm
#9
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: AP
Hi:
Was your package RECEIVED at the Lockbox before the 90 days? If so, look at the initial I-797 receipt notices -- they should have a "received date" and a "notice date." On the initial I-797's, the received date will be the actual receipt date. Afterwards, all notices will have the initial "notice date" as the received date. The on-line inquiry will also show only the initial "notice date" as the 'received date". This is a long running software glitch arising from the fact that under the original version of the software, many many contractors and decades ago, the applications went into the system on the date of receipt. When that stopped happening, there was a quick and dirty fix -- and we've been living with it ever since.
Was your package RECEIVED at the Lockbox before the 90 days? If so, look at the initial I-797 receipt notices -- they should have a "received date" and a "notice date." On the initial I-797's, the received date will be the actual receipt date. Afterwards, all notices will have the initial "notice date" as the received date. The on-line inquiry will also show only the initial "notice date" as the 'received date". This is a long running software glitch arising from the fact that under the original version of the software, many many contractors and decades ago, the applications went into the system on the date of receipt. When that stopped happening, there was a quick and dirty fix -- and we've been living with it ever since.
May 9th 2008, 10:27 pm
#10
BE Forum Addict
Thread Starter
Joined: Dec 2007
Location: Kansas, USA
Posts: 2,620
Re: AP
Hi:
Was your package RECEIVED at the Lockbox before the 90 days?
Ah, well that was something of a long story, we filed before the 90 days, then they sent everything back to us because there was a problem with the cheques, or so they said, so then when we sent everything back again, they sent us notices of action with Jan 18th on them as the file date. It should have been Dec.11th, so as it is, our first NOA's have Jan 18th on them.
Was your package RECEIVED at the Lockbox before the 90 days?
Ah, well that was something of a long story, we filed before the 90 days, then they sent everything back to us because there was a problem with the cheques, or so they said, so then when we sent everything back again, they sent us notices of action with Jan 18th on them as the file date. It should have been Dec.11th, so as it is, our first NOA's have Jan 18th on them.
May 9th 2008, 10:48 pm
#11
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: AP
Which I assume is after your 90-day period was up?
Emma, when you reply, just hit the "quick reply" button, it will quote the person for you, and you can type in your response. Somehow the way you're doing it, it's showing up under that person's quote, with only a period as YOUR response. That makes it hard for others to quote you, as you can see by my post here.
Rene
Emma, when you reply, just hit the "quick reply" button, it will quote the person for you, and you can type in your response. Somehow the way you're doing it, it's showing up under that person's quote, with only a period as YOUR response. That makes it hard for others to quote you, as you can see by my post here.
Rene
May 9th 2008, 10:52 pm
#12
BE Forum Addict
Thread Starter
Joined: Dec 2007
Location: Kansas, USA
Posts: 2,620
Re: AP
Which I assume is after your 90-day period was up?
Emma, when you reply, just hit the "quick reply" button, it will quote the person for you, and you can type in your response. Somehow the way you're doing it, it's showing up under that person's quote, with only a period as YOUR response. That makes it hard for others to quote you, as you can see by my post here.
Rene
Emma, when you reply, just hit the "quick reply" button, it will quote the person for you, and you can type in your response. Somehow the way you're doing it, it's showing up under that person's quote, with only a period as YOUR response. That makes it hard for others to quote you, as you can see by my post here.
Rene
