Caro

Here is a short version. I will post a longer (and probably unexciting) version tonight.

I had to pick up my AP today in San Francisco. I was given an AP that expired on February 15th 2003. When I asked why it expired so soon (my last one was a 1-year AP), I was told that they didn't issue long APs anymore, but that I could file for an extension if needed at "downstairs".

I suspect that it might have to do with the fact that my AOS has been pending for about 1 year now (and it is a reasonable time frame to expect an interview "soon"). Anybody has any comments?

Thanks,
Caroline

Matthew Udall

Hi Caroline,
Your theory about your interview coming up soon just might be correct. I'm also wondering how you crafted your I-131 AP request. Did you check the box saying you wanted to take more than one trip? Did you attach an addendum giving details about each trip you wanted to take?

I usually include this type of addendum to help show why my client needs an AP that will be valid for 1 year and good for multiple reentries.

But again, I think your theory might have merit too.

Regards,
Matthew Udall
Attorney
http://members.aol.com/MDUdall/fiancee.htm

Caro

I precised on the I-131 that I wanted a multiple entries AP (just as I did when I applied in Detroit and was issued a 1-year AP), and did receive a multiple entries AP today.

I attached a letter with the different reasons I had to ask for an AP:
1) for professional reasons: I need to be able to travel for conferences.
2) for medical reasons: I need to have the doctor in France, who has always treated me, follow up on a laser surgery I had a couple years ago [she is familiar with my file and my family history].
3) for personal reasons: I want to go visit my relatives in France.

I had a letter from my doctor. I did not elaborate about the trips I needed to take, as there is nothing scheduled yet besides a trip to France for Christmas.

I renewed it at this point because my employer wanted me to maintain a valid AP and asked me to renew it right now.

Thank you,
Caroline

Matthew Udall

I still think that if the INS knows you will be having your interview very soon, that "might" have had something to do with it, however your statement above might also have something to do with it.

If you don't have any trips scheduled after the one for Christmas, the INS would be justified in limiting the validity period of your AP to cover the only trip that you did tell them about. That’s why I try to list actual travel details about more that one trip, and hopefully the second trip will be far enough out in the future to sway the INS into issuing an AP with a 1 year validity period.

Some INS offices appear not to like the "lets give them AP just in case they might need it� approach. I used to live and practice in San Francisco, and while I've not processed an AP through that office in around a year now, I do recall that they would not accept an I-131 for AP unless it could be shown that there was an actual trip "coming up soon". They issue AP's pretty quick at San Francisco (used to take around 10 days to get one there), so they would reject an I-131 AP if the trip indicated was "too far out in the future"... they would hand it back and tell the applicant to come back closer to the departure date.

You are not in Motown anymore, and its a mistake to think that what Detroit did is what SF will do in any given situation (each INS office can have its own policy or quirks about certain things). But generally the SF INS is a very nice, friendly office. I always enjoyed dealing with them, and I’ve had personal experiences with quite a few of the officers that work there.

Regards,
Matthew Udall
Attorney
http://members.aol.com/MDUdall/fiancee.htm

PS. As a side note, I'm going to the Southern Cal. AILA Chapter meeting tonight to hear the discussion about the new "registration" that is now required for certain people. This just might have a big impact in the situation where certain people use AP to reenter the U.S. If there is any earth-shattering, news worthy information to share, I'll try to do so tomorrow.

Caro

When I applied for my AP, the officer didn't like the fact that no trips besides Christmas (for which I already had a valid advance parole from Detroit that is expiring beginning of 01/03) were scheduled. Since it was my employer who was pushing me to renew my AP (they have a lot of problems with foreign researchers getting stuck outside of the US while attending conferences), I offered to come back later with a letter from my employer, but the officer (who, by the way, is one of the meanest, rudest and most unhelpful officers that I have encountered during my INS experience) told me it was not necessary and finished looking at my letter and gave me a pick-up slip.

Thanks,

Caroline

Matthew Udall

Yes, even offices that have a reputation as being nice and friendly have their share of bad apples too. SF had the "NO LADY". It’s a long story that I won't tell again (need to get back to work), but when she did interviews, you could see her computer screen. She ran a screen saver program that had huge (probably in the neighborhood of 72 point font), purple, capitalized, bold NO! NO! NO!'s floating across her black screen.

She too could be rude on occasion, but she also approved my cases. Apparently the officer you dealt with felt what you wanted went against local policy (and his interactions with you indicated his displeasure about having to deal with this), however apparently he too accommodated you and did not make you come back with a letter from your employer.

So while he might have bitched and moaned about doing it, he did give you what you wanted, right? (I'd better be careful here... I don't want to be accused for sticking up for the INS :-).

M.U.

Caro

He didn't bitch and moan while reviewing my AP application, he was just an unpleasant pain about every single little thing [for example, he asked me if my file was in San Francisco since my receipt was from Detroit. I said yes. Then, followed a 5 minutes debate as to how I was so sure that my file was there. Only after I pointed to the officer who told me that my file had arrived did he care to type my A# into the computer.]. He almost accused me of lying to him [I said 2 things that were coherent but that he thought were incompatible: I need to be able to travel because my employer wants me to be able to attend conferences on a moments' notice. I do not have a conference scheduled yet.]. He was just unpleasant for the heck of it. A month and a half ago, he was at the reception of the INS office when I needed to check if my file had been transferred from LA and he refused to give me a ticket giving me the reason that I could not show him my EAD (he told me that it was a "new procedure". I had all proper identifications from passport with I-94 to driver's license). I know it could not be possible (not everybody applying for AOS does have an EAD), but I didn't even argue because I realized that it would be totally useless and he would not give me a number without my EAD. So, I had to come back the next day with my EAD and of course, nobody at the reception asked for it... So, this is for the unpleasant and rude part.

The unhelpful part I mentioned was that the could not tell me by looking at his computer what my address on file was, which I know that he could have done if he had wanted to, as I have been to the office several times before and they were able to check it on their computers. He told me to send a request of information to the AOS section to find that out [they can not process the change of address requests, so I don't think that sending them more mail to inquire about our current address is very smart and will make them process the actual change of address faster].

So, anyway, he is the type of person with whom you are biting your tongue, replying politely and waiting for it to be over. And I do agree that he did give me my AP, so it paid off to enduring this guy for the 20 minutes or so I was there. And, I have been in worst situations so it was not bad just annoying. [Big aside on the worst situation: an examiner in the ranking exams I was taking for engineering school in France decided to have the same type of behavior and the bad part was that he was grading you at the end. Knowing that there are several people in a half point, that you just went through 2 years of hell to take those ranking exams and that you really don't want to have to do another year, you can see what kind of influence this guy could have. The student (a 20-year old guy) in front of me was as white as the walls and couldn't even stand up without holding the board at the end of the 30mins oral exam. I went through the same time of hell after him and I really mean hell, but didn't panick, did my best, and left without having to hold the board to support me. The nice part of the story is that I got one of the best grades of my class, reported the guy to my teacher who knew I was reliable, and had heard similar complaints from his collegues and the teachers got the examiner fired ].

Caroline