Sweet

Hi,

I went to USA on a visa waiver I-94W from London. We decided to get married, filed the AOS and AP.

I got my advance parole last week and booked tickets to London to visit my family. I made it to London today, BUT the airline in LA took my I-94W from me. My lawyer said I should try and keep it and just give the airline a copy of my I-94W but the airline said if they don't take the original then they will be fined so I had no choice but for them to take it out of my passport.

I just wanted to know if others have been in a similar position.
- Will I be in trouble if I don't have the I-94W anymore? I have copies of it though.
- Also, will I need to fill out another I-94W when I go back to USA? if not then what do I do?

- I also wanted to know if anyone knew when to show the Transportation Line copy to the airlines? There are no proper instructions on how to use the AP.
Any other info on how to use the AP would be very helpful.

Thanks in advance.

p.s. My AP is a multiple use one.

lairdside

The BCIS usually requires your original I-94 or I-94W from you when you file for AOS, I'm surprised that they didn't take it then. Either way don't worry as you can always apply for a copy.

You show the transportation line to the airline at check-in when returning to the US in my experience They may make a photocopy of it.

When returning to the US just submit your AP together with an I-94 (and passport of course) at POE.

Sweet

thanks lairdside.

I feel relieved phew...

so will I need a copy of the I-94W? I made photoscopies of it when I had it and we only sent a photocopy to AOS.

thanks again for your help.

lairdside

Don't forget on the plane that you want the I-94 (the white form) as opposed to the green I-94W now

I had no idea what to do when returning to the US with an AP, which form I needed, which line I should go into (I should have used the visitors line but asked at the Citizen's line and the guy kindly processed me anyway..lol)

If you have copies of the I-94W you have evidence of your legal entry into the US just in case you ever need it, plus you probably have the admittance stamp in your passport too?

You should be just fine. As I filed in person the BCIS took my original I-94W, even though I had supplied them with copies (I also kept copies for myself) and I also adjusted from a VW. When departing the US on AP I told the airline that the "INS had taken it" - they were fine with that.

On the way back the airline photocopied my transportation line when I showed them my AP and returned it to me. The travel agent said that they did not require to see it.

I flew with AA, I don't know if any other airlines will photocopy it as I only travelled on AP once.

Have fun!

lairdside

The form to obtain a replacement I-95 or I-94 is an I-102.

Hopefully this applies to an I-94W also?
It is filed at your Service Center.
Be sure that you will definitely need one though as it costs $100 to file

Unless BCIS requests the original from you I cannot see that you should need one.

Rete

Actually it is mandatory that the airline take your "old" I-94 from your passport. You have no use for it any longer. Since most people are forced to apply for AOS via mail rather than as walk-ins, the BCIS gets only a copy of your old I-94 rather than the original.

You will receive a new I-94 when you return to the US. You will be required to go to secondary inspection upon your return. At this point your A/P and passport will be taken and the A/P information will be entered into the computer. The agent will place a number of new I-94's in your passport and on your A/P. The date will usually be for "indef" but in actuality only lasts for the validity period of th A/P itself. The agent usually retains one copy of the A/P and returns the remainder of sheets to you for future use. During future use they will not retain any additional sheets so if you are left with only one sheet, don't start to worry. That sheet will remain in your possession. Bring it to the AOS interview if you are scheduled for an interview before the A/P expiration date and the DOA will take the I-94 from that document for your file.

They already have the copy of your old one and the new one from your A/P will affirm that you have remained in status and shows your last entry into the US.

Rete

lairdside

I had heard that some people with AP had to go to secondary inspection. I asked (on another thread) if this was for employment based AOS as when I returned to the US through Chicago O' Hare last October I was not sent to secondary inspection but processed only through primary.

When I returned the stamp I was given was for one year from the date of entry, which I believe I read was a change in policy.

The stamp (WITH SOME PARTS HANDWRITTEN) says:

(MY "A" NO)
PAROLED PURSUANT TO SEC 212 (C) (9) OF THE I&N ACT.
PAROLED UNTIL: OCT 3, 03
PURPOSE: AOS

The section of the INA could be wrong as the stamp is pretty blurred but I guessed it was (c) (9) as this may make sense.

Rete

To me secondary inspection is when you get off the line and your forms are processed. Whether it is the line at the airport or the line at the drive-thru. I know in fact this to be the case with drive throughs on the Can/Am border. For the first time using the A/P, you are directed to park your car, get out and go into the building for A/P processing. Since I have stood watching while two such A/Ps were processed, I have first hand knowledge of this. Each time the agent typed in the information on the BCIS computer, placed I-94's on the lower right and upper left of the A/P and one time an I-94 in the passport as well. Both times the date was marked "indef" although some have said they have been given a month, day and year and further notation of AOS was indicated on the I-94 and marked "Adj of Status Per I-512". The latest I-94 was taken from the passport and A/P at the time of the AOS. Note, as well, that it is done only on the first time you enter on a new A/P and subsequent travels with the same A/P do not warrant the same action, at least not when visiting Canada.

Of course, mileage will vary from POE to POE but for the majority of people using A/P, the above scenario is what they will go through. At least this is what has been reported over the last five years. I am not familiar with employment based AOS as I imported a husband not a worker ;-) nor am I changing professions to become an immigration liaison ;-) for which I commend you.

Rete

lairdside

I'm not giving up my day job

The immigration clinic I am working with is strictly a voluntary effort, I don't think it would suit me very well (I don't think I'd be very good at it) to take it up as a profession.

I'm a "why" rather than a "what" person, introduce me to the law and I'll start wanting to change it. That does not need to be encouraged for me I feel as it's a heck of a big can of worms. A way of life, possibly to the exclusion of almost anything else, not a profession.

Worrying the obsessive traits I exhibit...it is part of my normal personality though..lmao

I said that I wasn't sent to secondary because I was processed right there, at the first desk I went to. Not a lot different than entering on a VW, perhaps I was lucky as they have the computers right there at the desks and the guy just happened to have the correct stamp etc.

I do not doubt that many, perhaps the majority of people, are sent to secondary and that my experience was an anomaly but I didn't realise this at the time and I am living proof that it does indeed happen

Rete

And that is what makes dealing with the BCIS (the bull crap inefficient system) so frustrating there is always someone at some stage whose processing is out of the norm.

Like the requirement for former marriage certificates at the US Consulate in Montreal and the need for three years tax returns for the K-1 interview in London even if you are self-employed.

Rete

lairdside

Perhaps the guy was just having a good day and felt like doing it, or unbeknowst to me was some sort of supervisor.

I regret to say that I didn't ask questions, I just made the entry and "ran" (quite literally as I was catching a connecting flight, which turned out to be delayed by a couple of hours.... )

I was worried because I had been away from the US for six-and-a-half months and thought that they may query this but they didn't. I had also had overstay of almost 180 days (about two weeks short) prior to filing for AOS.

I just wanted to see my husband again .....

lairdside

Talk about "out-of-the-norm" processing, you should meet my local office..lmao

You forgot that NYC needs tax transcripts instead of just photocopies of tax returns?

Sweet

Hey lairdside,

You said you were close to overstaying your 180 days... I was worried about that cos i went to US mid Nov 2002 and my 90 days was up mid feb, but my husband proposed to me beginning of Feb and then we were stressed with my husband job searching and re locating and finally got married beginning of March so I overstayed my Visa waiver by 2-3 weeks and then filed my AOS in mid May. I was abit worried that they might question that when I get to Port of Entry at US and hand them my AP. but they didn't seem to have given you a hard time.

So just to get this straight...
Visa waiver is 90 days. When does the 180 days countdown start? is it after the 90 days is up on the visa waiver or after you file AOS. If its straight after my visa waiver expires then my 180 days will be up in August so I should be fine then, right?

Will it matter that we got married 2-3 weeks after my visa waiver expired?

Thanks lairdside and Rete for your very cool advise, I really appreciate it.

lairdside

The 180 day countdown starts after the 90 days of your VW expires and stops when your application for AOS is accepted by BCIS.

This is just a lay opinion but this is my impression of how it all works:

Being out-of-status seems to matter most when you file for AOS. For those entering on the VWP you could be subject to expedited removal (i.e. they get to remove you with no hearing, no nothing, and detain you in the meantime).

Having said that if you have no awful fraud isues as an immediate relative it appears to be unlikely.

Once they have accepted your AOS I believe that they would have to "remove" you to force you to leave the US which at least means that you would be entitled to a hearing.

You shouldn't encounter any problems at POE because of the overstay unles you "hit" the 3/10 yr bars.

They *could* ask you about your intentions at the AOS interview prior to entering the US but this would be the same regardless of whether or not you overstayed or not as it is related to AOSing after entering on a non-immigrant option.

If someone was really worried when filing for AOS they could have a fraud waiver handy "just in case" but it is MHO that you really shouldn't need to do this.

If you are still worried please PM me or email me at [email protected] and I'd be happy to share my experiences of my own and my daughter's (which is even messier immigration wise) and all the fun and issues we have been going through

I personally feel that knowing the climate at your local office is one of the most invaluable pieces of information someone can consider. Mine is well known for being tough

Dekka's Angel

Some of the greatest attorneys that ever lived started out for just this reason.