Georges

Hi,

My immigration is based on marriage to a USC. I received a Request For Evidence 5 weeks ago asking me to return my advance parole papers. I work as a financial broker for an international company and I travel very often. I received my advance parole in February and I used it about 16 times since, mostly for 2-3 days trips to Europe to negotiate contracts with banks and insurance firms. I never had any trouble coming back here. I did my interview in March but wasn’t approved because I haven’t had my medical exam done yet. I had to send it by mail a week later.
Now it has been a month since I sent my AP papers and did not get an answer yet. I’m starting to get in serious trouble at work since not only I’m not making money since I live on commissions, but also I’m loosing potential clients and I’ve been cancelling my appointments abroad. It takes months to have an appointment with bank managers but once I cancel, my chances of having another one are very slim. I worked very hard to get to this job position, it’s my life accomplishment so I don’t want to go and look for another job and start from scratch. I don’t have to be based in the US, I can work from anywhere in the world as long as I can travel.

I was wondering if anyone had his AP requested as an REF or if someone has any experience with this situation.

I would deeply appreciate your feedback.
Thx,
Georges

Jonathan McNeil Wong

Georges wrote:
    > Hi,
    >
    > My immigration is based on marriage to a USC. I received a Request For
    > Evidence 5 weeks ago asking me to return my advance parole papers. I
    > work as a financial broker for an international company and I travel
    > very often. I received my advance parole in February and I used it about
    > 16 times since, mostly for 2-3 days trips to Europe to negotiate
    > contracts with banks and insurance firms. I never had any trouble coming
    > back here. I did my interview in March but wasn’t approved because I
    > haven’t had my medical exam done yet. I had to send it by mail a week
    > later.
    > Now it has been a month since I sent my AP papers and did not get an
    > answer yet. I’m starting to get in serious trouble at work since not
    > only I’m not making money since I live on commissions, but also I’m
    > loosing potential clients and I’ve been cancelling my appointments
    > abroad. It takes months to have an appointment with bank managers but
    > once I cancel, my chances of having another one are very slim. I worked
    > very hard to get to this job position, it’s my life accomplishment so
    > I don’t want to go and look for another job and start from scratch. I
    > don’t have to be based in the US, I can work from anywhere in the
    > world as long as I can travel.
    >
    > I was wondering if anyone had his AP requested as an REF or if someone
    > has any experience with this situation.
    >
    > I would deeply appreciate your feedback.
    > Thx,
    > Georges
    >

1) Consider talking to a lawyer about possible vulnerabilties in the
underlying adjustment application that you didn't see and that might
have caused the RFE.

2) Make an InfoPass appointment assuming the RFE came from the local
office to explain the situation -- but if there are unseen
vulnerabilities, prepare to be arrested.

I think you get that I am strongly recommending 1) before 2).

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Georges

Thx for your reply.

Can you please elaborate why you think I might be arrested? I did not break a single law in my whole life; I never even had a driving ticket.

My application was done A to Z by an attorney and he's supposed to be a very good one (at least he's the most expensive one).

Thx,
Georges

Rete

Since you have retained an immigration attorney, I'm curious what he has told you about this.

Normally at the AOS interview when you are approved they take your advance parole and EAD card from you and the I-551 stamp in your passport is all you need as proof to travel and work until the green card arrives in the mail. I am wondering if your AOS has been approved and the AP return is only indicative of that approval. At the time of the interview did you complete the I-89 card for the manufacture of your green card? Some district offices are now using the information saved and stored from your biometrics for the manufacture of the card while others are still do it the 'old fashion' way.

I urge you to call your attorney for his intact and if he is not forthcoming with information or suggestions then go online to the USCIS website and make an INFOPASS appointment to go to your local district office for a status update. If you were approved, they should give you the stamp in your passport at least to tide you over until the GC comes in the mail.

REte

Folinskyinla

Hi:

Something doesn't sound right. You might have misinterpreted the RFE.

The very nature of your business as you describe it also raises red flags.

I'm quite puzzled. However, you should have not only an immigration attorney at your beck and call, but also a Criminal Defense attorney well versed in federal law on international monetary transactions.

Again, this is speculation and I have not seen your paperwork. I am a lawyer, but I am NOT your lawyer.

Georges

Thank you sir for your reply.
Allow me to explain better the nature of my work. We are a service company in financial engineering. I am the contract broker but I don’t deal with money, I do not do any transfers, I don’t carry money, I have absolutely nothing to do with money. Simply like any financial engineering company around the world, my job is to discuss with the banks if they want to trade any new financial products and then we create them the appropriate mathematical model for these new products. I deal with mathematic part of the “finance� word not the money part, that part is left for banks.

I understand from your comment that what the INS might be thinking is that I carry huge amounts of money around the world, but for me this is like assuming that the guy who makes shoes for astronauts is the one who goes in space.

I understand you’re not my lawyer so excuse me if I wasted any of your time.

Regards,
Georges

Folinskyinla

Hi:

I'm a lawyer but I'm not YOUR lawyer. I'm just offering speculation and nothing more.

What I will say -- having used that advance parole, you are an "arriving alien" and DHS can cancel that parole, arrest and detain you. Although you will have the right to pursue your adjustment before the Immigration Judge, the I-130 filed by your wife would remain with CIS and the IJ can't do anything until the I-130 is approved. In the meanwhile, you would not be eligible for bond.

I'm not kidding on this -- I have one client [who fortunately does have an approved visa petition] in exactly that situation -- and he was arrested and detained based upon an interpol report of financial misdeeds ABROAD. My client insists he did nothing at all remotely approaching what he is accused of.

I have another client in removal proceedings -- DHS didn't take him into immigration custody, but criminal custody with an indictment that he lied when he told the truth about what his financial affairs were. [No, that is not a misprint -- the magistrate thinks the case is downright weird and "sloppy" on the part of DHS].

YOU are NOT my client, but those other two are. So, your posting makes me worry. That is all, nothing more, nothing less.

Don't try and convince me of the justice of your case -- it doesn't matter what **I** think.

Good luck.

Georges

Thank you again sir for sharing your experience.

Jonathan McNeil Wong

Rete wrote:
    >>Thx for your reply.
    >>Can you please elaborate why you think I might be arrested? I did
    >>not break a single law in my whole life; I never even had a
    >>driving ticket.
    >>My application was done A to Z by an attorney and he's supposed to be
    >>a very good one (at least he's the most expensive one).
    >>Thx,
    >>Georges
    >
    >
    > Since you have retained an immigration attorney, I'm curious what he has
    > told you about this.
    >
    > Normally at the AOS interview when you are approved they take your
    > advance parole and EAD card from you and the I-551 stamp in your
    > passport is all you need as proof to travel and work until the green
    > card arrives in the mail. I am wondering if your AOS has been approved
    > and the AP return is only indicative of that approval. At the time of
    > the interview did you complete the I-89 card for the manufacture of your
    > green card? Some district offices are now using the information saved
    > and stored from your biometrics for the manufacture of the card while
    > others are still do it the 'old fashion' way.
    >
    > I urge you to call your attorney for his intact and if he is not
    > forthcoming with information or suggestions then go online to the USCIS
    > website and make an INFOPASS appointment to go to your local district
    > office for a status update. If you were approved, they should give you
    > the stamp in your passport at least to tide you over until the GC comes
    > in the mail.
    >
    > REte
    >

I think if the attorney is not forthcoming with information or
suggestions that the OP should see another attorney for a second
opinion. I would not trust the district office's second opinion, nor
would I seek one from the district office.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============