Delays after AOS Interview?
Dec 24th 2001, 8:34 pm
#1
Guest
Posts: n/a
I went for my Adjustment of Status Interview in NYC on August 23, 2001, after
marriage March 18, 2000. At the interview, I was told by the officer that everything
is in order, but that the CIA was backlogged and we wouldn't get our stamp for six to
eight weeks.
Four months later (now) I've gotten back from the INS office at Federal Plaza where I
was told by a woman at an information desk that delays can be anywhere from six to
nine months from the time of the AOS interview. Which means $130 for a new Employment
authorization and $95 for a new advance parole.
Has there been a ruling that CIA delays should not hold up AOS' and would that ruling
be applicable to my situation? Is there anything at all I can do besides wait?
marriage March 18, 2000. At the interview, I was told by the officer that everything
is in order, but that the CIA was backlogged and we wouldn't get our stamp for six to
eight weeks.
Four months later (now) I've gotten back from the INS office at Federal Plaza where I
was told by a woman at an information desk that delays can be anywhere from six to
nine months from the time of the AOS interview. Which means $130 for a new Employment
authorization and $95 for a new advance parole.
Has there been a ruling that CIA delays should not hold up AOS' and would that ruling
be applicable to my situation? Is there anything at all I can do besides wait?
Dec 25th 2001, 4:21 am
#2
Forum Regular
Joined: Dec 2001
Posts: 69
I also have a question on this. Regarding Conditional and Non Conditional Green Card. Is the Conditional Status determined by the date of your interview? Example: If you get your interview 21 months after filing but it takes them 6 months to get your card that would be over the 2 years since filing for AOS but the 21 months for the interview is under the 2 years. How would that work? Would you get conditional because when you went for the interview it was under the 2 years, or would it be non conditional as it was 2 and half years til you got your card?
An explanation of how they decide which you get would be lovely!
Thanks
An explanation of how they decide which you get would be lovely!
Thanks
Dec 25th 2001, 4:44 am
#3
Guest
Posts: n/a
Sharon wrote:
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Go by the interview date. I think you will find that is the standard in most
cases. Alvena
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Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
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Go by the interview date. I think you will find that is the standard in most
cases. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
Dec 25th 2001, 7:24 am
#4
Forum Regular
Joined: Dec 2001
Posts: 69
Thank you Alvena One other question if that's ok I should have included it in the original one, is the two years from wedding date or AOS filing in determining conditional or non?
One other question if that's ok I should have included it in the original one, is the two years from wedding date or AOS filing in determining conditional or non?
Dec 25th 2001, 8:21 am
#5
Guest
Posts: n/a
Sharon wrote:
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If the adjustment occurs before the 2nd wedding anniversary, it will be
conditional. If it occurs on or after the 2nd wedding anniversary, it will be
unconditional. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
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If the adjustment occurs before the 2nd wedding anniversary, it will be
conditional. If it occurs on or after the 2nd wedding anniversary, it will be
unconditional. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
Dec 25th 2001, 1:10 pm
#6
Concierge
Joined: Apr 2001
Posts: 46,473
Also note:
It is not necessarily two years from the date of your interview but actually two years from the date of your approval.
For example, our interview was at 21 months from filing (and 3 months before your second wedding anniversary). Not approved at the interview as the original filing had not been returned from central filing. Approval actually occurred two months later (one month before our second anniversary) and green card given after our second wedding anniversary. The green card is continual because approval was before the wedding anniversary.
So if your interview is June 2002, your approval is August, 2002 and your second wedding anniversary is September, 2002, you are still a conditional PR. However, if your interview is June 2002, your approval is September 9, 2002 and your second wedding anniversary is September 8, 2002, you are a non-conditional PR.
Rita
It is not necessarily two years from the date of your interview but actually two years from the date of your approval.
For example, our interview was at 21 months from filing (and 3 months before your second wedding anniversary). Not approved at the interview as the original filing had not been returned from central filing. Approval actually occurred two months later (one month before our second anniversary) and green card given after our second wedding anniversary. The green card is continual because approval was before the wedding anniversary.
So if your interview is June 2002, your approval is August, 2002 and your second wedding anniversary is September, 2002, you are still a conditional PR. However, if your interview is June 2002, your approval is September 9, 2002 and your second wedding anniversary is September 8, 2002, you are a non-conditional PR.
Rita
Dec 25th 2001, 7:17 pm
#7
Forum Regular
Joined: Dec 2001
Posts: 69
Rete,
Thank you once again, that makes perfect sense
Sharon
Thank you once again, that makes perfect sense
Sharon
Dec 26th 2001, 1:40 am
#8
Guest
Posts: n/a
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There goes Rita, confusing people with her plains English again.
To the original poster, she meant "conditional" not "continual". Big = difference as
the conditional is NOT continual.
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Steen's Visa Pages http://www.mindspring.com/~docsteen/...o/visainfo.htm
Newsgroup FAQ http://www.k1faq.com Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For
reliable legal advice, please consult with a professional immigration attorney.}
There goes Rita, confusing people with her plains English again.
To the original poster, she meant "conditional" not "continual". Big = difference as
the conditional is NOT continual.
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Steen's Visa Pages http://www.mindspring.com/~docsteen/...o/visainfo.htm
Newsgroup FAQ http://www.k1faq.com Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For
reliable legal advice, please consult with a professional immigration attorney.}
Dec 26th 2001, 6:42 am
#9
Concierge
Joined: Apr 2001
Posts: 46,473
And Mr. Smart Ass once again lends his wit and sarcasm to correcting a post that he was unable to answer immediately following its posting because he was preoccupied with the popsicle crafts that his therapist has him doing.
It's okay Mr. SA ... I think Sara is intelligent enough to figure out what the typo in my reply meant. But congratulations on your being able to do so so very quickly. Normally it takes you a few days to get the meaning. You are improving.
Rita
It's okay Mr. SA ... I think Sara is intelligent enough to figure out what the typo in my reply meant. But congratulations on your being able to do so so very quickly. Normally it takes you a few days to get the meaning. You are improving.
Rita
Dec 31st 2001, 3:34 am
#10
Guest
Posts: n/a
@#$#*()#@!!!
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Steen's Visa Pages http://www.mindspring.com/~docsteen/...o/visainfo.htm
Newsgroup FAQ http://www.k1faq.com Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For
reliable legal advice, please consult with a professional immigration attorney.}
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Steen's Visa Pages http://www.mindspring.com/~docsteen/...o/visainfo.htm
Newsgroup FAQ http://www.k1faq.com Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For
reliable legal advice, please consult with a professional immigration attorney.}
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