I Screwed Up Bigtime!! Need Help
May 29th 2006, 1:01 pm
#31
BE Enthusiast
Joined: Aug 2003
Location:
Posts: 525
Re: I Screwed Up Bigtime!! Need Help
Why can't you go home?
Originally Posted by Kat
Must be nice that some people can leave an come back in when some have
been here for years without leaving in fear that they will be
denied....i too would like to see the rule so i could possible go home
to see my family an have the know that i can come back without any
problems....i was advised even with applying for the ap there is no
guarantee that they will allow u back in the country
been here for years without leaving in fear that they will be
denied....i too would like to see the rule so i could possible go home
to see my family an have the know that i can come back without any
problems....i was advised even with applying for the ap there is no
guarantee that they will allow u back in the country
May 29th 2006, 1:28 pm
#32
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: I Screwed Up Bigtime!! Need Help
Originally Posted by janadeen
Why can't you go home?
Here's a link to Kat's post about traveling: http://britishexpats.com/forum/showt...&highlight=Kat
She's awaiting security checks after her AOS interview, and doesn't currently have AP.
Kat, unless you have overstayed at some point, you can still apply for AP and travel with it. It takes about 2 or 3 months to get.
Best Wishes,
Rene
May 29th 2006, 1:59 pm
#33
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I Screwed Up Bigtime!! Need Help
Originally Posted by samir1010
Good news, My wife was able to cross back into the United States and I found a rule that will allow her to still get approved at our interview even though she left the United States without Advance Parole.
When the immigration officer asked her about why she had left the US without advance parole all she did was pull out a copy of the rule that states that even though she filed for AOS that she can still return without abandoning her AOS application. He checked his information and wished her good luck on her interview.
This rule is called the Interim Rule.
Just wanted to say thanks to everyone who helped. Hope this information helps someone out.
When the immigration officer asked her about why she had left the US without advance parole all she did was pull out a copy of the rule that states that even though she filed for AOS that she can still return without abandoning her AOS application. He checked his information and wished her good luck on her interview.
This rule is called the Interim Rule.
Just wanted to say thanks to everyone who helped. Hope this information helps someone out.
Lets see what happens at the interview. You may want to have a lawyer go in with you. Your situation makes me nervous and you are not my client.
May 29th 2006, 2:08 pm
#34
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I Screwed Up Bigtime!! Need Help
Originally Posted by Noorah101
I did a search on "Interim Rule" http://www.google.com/search?hl=en&i...nterim+rule%22 and didn't look to me like any of these links were immigration related. Do you have a link to the page she printed and showed the officer?
Thanks,
Rene
Thanks,
Rene
"Interim Rule" is an exception to the normal "rule making" process in issuance of regulations. The standard procedure is to issue a "proposed rule" and invite comments. At some thereafter, a "Final Rule" is issued. However, sometimes there is a perceived need for immediate issue of a rule which will have legal effect. In such case, an "Interim Rule" is issued -- it is like a final rule in that it has the effect of law, but it is like a proposed rule in that it invites comments.
For example, an interim rule was issued on May 12, 2006 regarding the eligibiltiy of "arriving aliens" in "removal proceedings" to apply for adjustment of status. The issue had been subject of opinions from six different Circuit Courts of appeal since January 2005 and the case law was all over the place and one of those cases was on a certiorari petition to the Supremes. [BTW, the "Bona" case in the 9th Circuit was mine]. Six different circuits with three different posititons. To clean up all the uncertainty, Michael and Alberto jointly issued regulations to resolve the dispute. The regulations are "Interim" and comments have been invited.
I plan to make a comment on two issues.
May 29th 2006, 2:08 pm
#35
BE Enthusiast
Joined: Aug 2003
Location:
Posts: 525
Re: I Screwed Up Bigtime!! Need Help
Thanks - no worries.
Seems this person needs to do more homework.
Seems this person needs to do more homework.
Originally Posted by Noorah101
Hi janadeen,
Here's a link to Kat's post about traveling: http://britishexpats.com/forum/showt...&highlight=Kat
She's awaiting security checks after her AOS interview, and doesn't currently have AP.
Kat, unless you have overstayed at some point, you can still apply for AP and travel with it. It takes about 2 or 3 months to get.
Best Wishes,
Rene
Here's a link to Kat's post about traveling: http://britishexpats.com/forum/showt...&highlight=Kat
She's awaiting security checks after her AOS interview, and doesn't currently have AP.
Kat, unless you have overstayed at some point, you can still apply for AP and travel with it. It takes about 2 or 3 months to get.
Best Wishes,
Rene
May 29th 2006, 2:18 pm
#36
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: I Screwed Up Bigtime!! Need Help
Originally Posted by Folinskyinla
Hi:
"Interim Rule" is an exception to the normal "rule making" process in issuance of regulations. The standard procedure is to issue a "proposed rule" and invite comments. At some thereafter, a "Final Rule" is issued. However, sometimes there is a perceived need for immediate issue of a rule which will have legal effect. In such case, an "Interim Rule" is issued -- it is like a final rule in that it has the effect of law, but it is like a proposed rule in that it invites comments.
For example, an interim rule was issued on May 12, 2006 regarding the eligibiltiy of "arriving aliens" in "removal proceedings" to apply for adjustment of status. The issue had been subject of opinions from six different Circuit Courts of appeal since January 2005 and the case law was all over the place and one of those cases was on a certiorari petition to the Supremes. [BTW, the "Bona" case in the 9th Circuit was mine]. Six different circuits with three different posititons. To clean up all the uncertainty, Michael and Alberto jointly issued regulations to resolve the dispute. The regulations are "Interim" and comments have been invited.
I plan to make a comment on two issues.
"Interim Rule" is an exception to the normal "rule making" process in issuance of regulations. The standard procedure is to issue a "proposed rule" and invite comments. At some thereafter, a "Final Rule" is issued. However, sometimes there is a perceived need for immediate issue of a rule which will have legal effect. In such case, an "Interim Rule" is issued -- it is like a final rule in that it has the effect of law, but it is like a proposed rule in that it invites comments.
For example, an interim rule was issued on May 12, 2006 regarding the eligibiltiy of "arriving aliens" in "removal proceedings" to apply for adjustment of status. The issue had been subject of opinions from six different Circuit Courts of appeal since January 2005 and the case law was all over the place and one of those cases was on a certiorari petition to the Supremes. [BTW, the "Bona" case in the 9th Circuit was mine]. Six different circuits with three different posititons. To clean up all the uncertainty, Michael and Alberto jointly issued regulations to resolve the dispute. The regulations are "Interim" and comments have been invited.
I plan to make a comment on two issues.
Rene
May 29th 2006, 4:01 pm
#37
Guest
Posts: n/a
Re: I Screwed Up Bigtime!! Need Help
Yeah well I overstayed so I am stuck in limbo till i get my background
checks back which hopefully will be sooner then later but dealing with
USCIS is such fun...NOT...lol...i have waited 10 1/2yrs to see my
family an friends whats a little bit longer. In the meantime i just
get frustrated an upset but not to worry
checks back which hopefully will be sooner then later but dealing with
USCIS is such fun...NOT...lol...i have waited 10 1/2yrs to see my
family an friends whats a little bit longer. In the meantime i just
get frustrated an upset but not to worry
May 29th 2006, 4:51 pm
#38
BE Enthusiast
Joined: Aug 2003
Location:
Posts: 525
Re: I Screwed Up Bigtime!! Need Help
I hear you Kat! There's almost nothing more mind numbing than dealing with the USCIS. I'd almost rather perform stomach surgery on myself (-:
I was just curious from your earlier post why you couldn't go home. The way you wrote it - or I read it - was as if the USCIS was preventing you from / or was the cause of, your not being able to go home to visit your family.
I was just curious from your earlier post why you couldn't go home. The way you wrote it - or I read it - was as if the USCIS was preventing you from / or was the cause of, your not being able to go home to visit your family.
Originally Posted by Kat
Yeah well I overstayed so I am stuck in limbo till i get my background
checks back which hopefully will be sooner then later but dealing with
USCIS is such fun...NOT...lol...i have waited 10 1/2yrs to see my
family an friends whats a little bit longer. In the meantime i just
get frustrated an upset but not to worry
checks back which hopefully will be sooner then later but dealing with
USCIS is such fun...NOT...lol...i have waited 10 1/2yrs to see my
family an friends whats a little bit longer. In the meantime i just
get frustrated an upset but not to worry
May 30th 2006, 4:01 am
#39
Guest
Posts: n/a
Re: I Screwed Up Bigtime!! Need Help
thanks...part of it is my fault an the other is a controlling exhusband
that refused to let me get my gc in fear i would go home an never come
back...well now he has to deal with me being able to move on an have a
way better life :) WITHOUT HIM....except we do have a child together so
we will always have some kind of contact with each other...i will
eventually go home but will not leave till i get the ok i play all my
safe bets so my new husband an kids will always have me around :)
that refused to let me get my gc in fear i would go home an never come
back...well now he has to deal with me being able to move on an have a
way better life :) WITHOUT HIM....except we do have a child together so
we will always have some kind of contact with each other...i will
eventually go home but will not leave till i get the ok i play all my
safe bets so my new husband an kids will always have me around :)
