used my AP for a second time
Aug 16th 2005, 9:50 pm
#1
Valley of the Sun
Thread Starter
Joined: Sep 2003
Location: Phoenix
Posts: 628
used my AP for a second time
Hey
I just wanted to post a positive experience!! Since there are more bad then good.. or perhaps people just dont post the good.. anyhoo, the first time I used my AP coming thru Toronto.. I had the original plus "a copy" not "the" copy as it doesn't say anywhere on it that you are to take both with you.. lets face it, unless you pour over loads of message boards you wouldnt know half this stuff anyway.. so when she filled out the form in toronto, and being rude.. asking me for my waiver (which at this point is a non issue and actually there is a notation on my K1 about this) and yelling about my copy of the Ap to which I said "well, I was told to bring the original and a copy" which she said well, don't give us this!.. whatever lady, you probably did keep it..
so this time around, coming in from Mexico.. always nervous because I do seem to get grief .. I tell the border guy, after handing him my AP, that the name is different.. "what? this isn't you?" I says, no, no.. the passport is in my maiden name.." "oh, okay.. sure.." then he tells me to proceed to this officer waiting.. he yells "we got a parollee!" so off I go.. she is running around, yelling about someone taking her pen.. and then where is her stamp.. quite the comedian actually.. made for a pleasant experience.. she took the stamped one and asked if that was the only one I had.. I said, well, no, I did have the other and explained why.. she said good.. because the first one was wrong! the original had me paroled for oh, 18 months! (good value I say) however, my AOS is in a month and I have no travel plans so hopefully that's the end of that process....
a little long but thought I would share is all. Sorry I missed the Phoenix pub meet.. did they have fish and chips?
I just wanted to post a positive experience!! Since there are more bad then good.. or perhaps people just dont post the good.. anyhoo, the first time I used my AP coming thru Toronto.. I had the original plus "a copy" not "the" copy as it doesn't say anywhere on it that you are to take both with you.. lets face it, unless you pour over loads of message boards you wouldnt know half this stuff anyway.. so when she filled out the form in toronto, and being rude.. asking me for my waiver (which at this point is a non issue and actually there is a notation on my K1 about this) and yelling about my copy of the Ap to which I said "well, I was told to bring the original and a copy" which she said well, don't give us this!.. whatever lady, you probably did keep it..
so this time around, coming in from Mexico.. always nervous because I do seem to get grief .. I tell the border guy, after handing him my AP, that the name is different.. "what? this isn't you?" I says, no, no.. the passport is in my maiden name.." "oh, okay.. sure.." then he tells me to proceed to this officer waiting.. he yells "we got a parollee!" so off I go.. she is running around, yelling about someone taking her pen.. and then where is her stamp.. quite the comedian actually.. made for a pleasant experience.. she took the stamped one and asked if that was the only one I had.. I said, well, no, I did have the other and explained why.. she said good.. because the first one was wrong! the original had me paroled for oh, 18 months! (good value I say) however, my AOS is in a month and I have no travel plans so hopefully that's the end of that process....
a little long but thought I would share is all. Sorry I missed the Phoenix pub meet.. did they have fish and chips?
Aug 16th 2005, 10:05 pm
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: used my AP for a second time
Hey souls!
Glad you're back home safe and sound. Thanks for posting a positive AP experience!
I didn't make the Phoenix get-together either (insert guilty smiley here). I heard it was a success, though. The next one is tentatively planned for Sept. 17th....we all MUST go to that one!
Cheers!
Rene
Glad you're back home safe and sound. Thanks for posting a positive AP experience!
I didn't make the Phoenix get-together either (insert guilty smiley here). I heard it was a success, though. The next one is tentatively planned for Sept. 17th....we all MUST go to that one!
Cheers!
Rene
Aug 16th 2005, 10:34 pm
#3
Concierge
Joined: Apr 2001
Posts: 46,391
Re: used my AP for a second time
Glad you are back without much hassle and had a fun experience to boot.
For those reading this poist, this is my experience and that of many others (majority in fact) of reporters using AP for the first and second times. Our experiences deal with Canada only.
First time using AP (and we used two "first" time APs since AOS took nearly two years), handed the entire package of paperwork to the examiner at the drive-in in Lake Champaign. Told to park the car and go into secondary for processing. Agent inside took both the first and second pages of the AP (no copies here only originals). The top page had the photo of the alien on it and the second page did not. He pulled off the second page from the set, went to the computer, entered all the data on the AP sheet, then placed the sheet in a bin. He then placed a stamp I-94 on the bottom right corner of the top AP sheet, stapled a paper card I-94 on the top left corner of the same sheet. On both he entered the date entering, the reason for AP "pending adjustment" and paroled my husband into the US "indef"/indefinitely. Indef is because AOS takes forever in NY and there is no way of knowing when it will occur. No he did not parole him into the US for the length of the validity of the AP and it would be misleading to the novice would not knowing the rules would think that being paroled into the US for longer than the validity of the AP means that the AP is actually valid for longer than the period typed on the sheet by the CIS. This has caused people problems with using the AP again past the official CIS validity date when they were foolish enough to leave and try to return to the US with an expired AP.
Second using AP before its expiration date was nothing like the first time. The examiner at the drive-thru looked at the AP, noted the passport, and said have a nice day and waved us through.
I realize that Mr. Folinskyinla has said many times that you are not to allow them to take the second original sheet of your AP. I disagree as it is common practice at many POE's and the second sheet is actually returned to the district office to be placed in your AOS file. He also tells you to make a copy of the AP and if they are insistent on taking the sheet to let them take the copy you brought and not the second original. Again I disagree for the above reason.
Rete
For those reading this poist, this is my experience and that of many others (majority in fact) of reporters using AP for the first and second times. Our experiences deal with Canada only.
First time using AP (and we used two "first" time APs since AOS took nearly two years), handed the entire package of paperwork to the examiner at the drive-in in Lake Champaign. Told to park the car and go into secondary for processing. Agent inside took both the first and second pages of the AP (no copies here only originals). The top page had the photo of the alien on it and the second page did not. He pulled off the second page from the set, went to the computer, entered all the data on the AP sheet, then placed the sheet in a bin. He then placed a stamp I-94 on the bottom right corner of the top AP sheet, stapled a paper card I-94 on the top left corner of the same sheet. On both he entered the date entering, the reason for AP "pending adjustment" and paroled my husband into the US "indef"/indefinitely. Indef is because AOS takes forever in NY and there is no way of knowing when it will occur. No he did not parole him into the US for the length of the validity of the AP and it would be misleading to the novice would not knowing the rules would think that being paroled into the US for longer than the validity of the AP means that the AP is actually valid for longer than the period typed on the sheet by the CIS. This has caused people problems with using the AP again past the official CIS validity date when they were foolish enough to leave and try to return to the US with an expired AP.
Second using AP before its expiration date was nothing like the first time. The examiner at the drive-thru looked at the AP, noted the passport, and said have a nice day and waved us through.
I realize that Mr. Folinskyinla has said many times that you are not to allow them to take the second original sheet of your AP. I disagree as it is common practice at many POE's and the second sheet is actually returned to the district office to be placed in your AOS file. He also tells you to make a copy of the AP and if they are insistent on taking the sheet to let them take the copy you brought and not the second original. Again I disagree for the above reason.
Rete
Aug 16th 2005, 11:31 pm
#4
Valley of the Sun
Thread Starter
Joined: Sep 2003
Location: Phoenix
Posts: 628
Re: used my AP for a second time
another tidbit now that you mention it.. I did have a stamped I-94 in my passport from the toronto trip.. when I went on Sunday thru the process again she said "oh, they were supposed to take this.. (the I-94) " I said "oh, when was that" she said "the airline was supposed to take that when you boarded.. do you remember the flight you were on?" (no.. it was 8/12.. " we rattled off a bunch of airlines and numbers but couldnt come up with it.. she didnt seem too concerned..
just another thing to remember...
just another thing to remember...
Aug 24th 2005, 7:10 am
#5
Guest
Posts: n/a
Re: used my AP for a second time
Rete wrote:
>>Hey
>>I just wanted to post a positive experience!! Since there are more
>>bad then good.. or perhaps people just dont post the good.. anyhoo,
>>the first time I used my AP coming thru Toronto.. I had the original
>>plus "a copy" not "the" copy as it doesn't say anywhere on it that you
>>are to take both with you.. lets face it, unless you pour over loads
>>of message boards you wouldnt know half this stuff anyway.. so when
>>she filled out the form in toronto, and being rude.. asking me for my
>>waiver (which at this point is a non issue and actually there is a
>>notation on my K1 about this) and yelling about my copy of the Ap to
>>which I said "well, I was told to bring the original and a copy" which
>>she said well, don't give us this!.. whatever lady, you probably did
>>keep it..
>>so this time around, coming in from Mexico.. always nervous because I
>>do seem to get grief .. I tell the border guy, after handing him my
>>AP, that the name is different.. "what? this isn't you?" I says, no,
>>no.. the passport is in my maiden name.." "oh, okay.. sure.." then he
>>tells me to proceed to this officer waiting.. he yells "we got a
>>parollee!" so off I go.. she is running around, yelling about someone
>>taking her pen.. and then where is her stamp.. quite the comedian
>>actually.. made for a pleasant experience.. she took the stamped one
>>and asked if that was the only one I had.. I said, well, no, I did
>>have the other and explained why.. she said good.. because the first
>>one was wrong! the original had me paroled for oh, 18 months! (good
>>value I say) however, my AOS is in a month and I have no travel plans
>>so hopefully that's the end of that process....
>>a little long but thought I would share is all. Sorry I missed the
>>Phoenix pub meet.. did they have fish and chips?
>
>
> Glad you are back without much hassle and had a fun experience to boot.
>
> For those reading this poist, this is my experience and that of many
> others (majority in fact) of reporters using AP for the first and second
> times. Our experiences deal with Canada only.
>
> First time using AP (and we used two "first" time APs since AOS took
> nearly two years), handed the entire package of paperwork to the
> examiner at the drive-in in Lake Champaign. Told to park the car and go
> into secondary for processing. Agent inside took both the first and
> second pages of the AP (no copies here only originals). The top page
> had the photo of the alien on it and the second page did not. He pulled
> off the second page from the set, went to the computer, entered all the
> data on the AP sheet, then placed the sheet in a bin. He then placed a
> stamp I-94 on the bottom right corner of the top AP sheet, stapled a
> paper card I-94 on the top left corner of the same sheet. On both he
> entered the date entering, the reason for AP "pending adjustment" and
> paroled my husband into the US "indef"/indefinitely. Indef is because
> AOS takes forever in NY and there is no way of knowing when it will
> occur. No he did not parole him into the US for the length of the
> validity of the AP and it would be misleading to the novice would not
> knowing the rules would think that being paroled into the US for longer
> than the validity of the AP means that the AP is actually valid for
> longer than the period typed on the sheet by the CIS. This has caused
> people problems with using the AP again past the official CIS validity
> date when they were foolish enough to leave and try to return to the US
> with an expired AP.
>
> Second using AP before its expiration date was nothing like the first
> time. The examiner at the drive-thru looked at the AP, noted the
> passport, and said have a nice day and waved us through.
>
> I realize that Mr. Folinskyinla has said many times that you are not to
> allow them to take the second original sheet of your AP. I disagree as
> it is common practice at many POE's and the second sheet is actually
> returned to the district office to be placed in your AOS file. He also
> tells you to make a copy of the AP and if they are insistent on taking
> the sheet to let them take the copy you brought and not the second
> original. Again I disagree for the above reason.
>
> Rete
>
Per Jason Ahearn, Assistant Commissioner for the Office of Field
Operations, Customs and Border Protection, in a meeting with the
American Immigration Lawyers Association on March 15, 2005:
"CBP officers have been instructed to retain one page of a CIS-issued
multiple entry Advance Parole upon presentation for the first time.
This is for internal records. CBP officers should not retain any other
page of a CIS-issued multiple-entry advance parole when presented during
the period of validity for subsequent entries."
If anyone has trouble with this at the border, ask (politely and
respectfully) that the officer consult IFM Chapter 16.1(b), third
paragraph, as modified by CPB Memorandum (designator OFO:IPP:BZ) dated
March 21, 2005 signed by Michael J. Hrinyak.
--
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]
================================================== =============
>>Hey
>>I just wanted to post a positive experience!! Since there are more
>>bad then good.. or perhaps people just dont post the good.. anyhoo,
>>the first time I used my AP coming thru Toronto.. I had the original
>>plus "a copy" not "the" copy as it doesn't say anywhere on it that you
>>are to take both with you.. lets face it, unless you pour over loads
>>of message boards you wouldnt know half this stuff anyway.. so when
>>she filled out the form in toronto, and being rude.. asking me for my
>>waiver (which at this point is a non issue and actually there is a
>>notation on my K1 about this) and yelling about my copy of the Ap to
>>which I said "well, I was told to bring the original and a copy" which
>>she said well, don't give us this!.. whatever lady, you probably did
>>keep it..
>>so this time around, coming in from Mexico.. always nervous because I
>>do seem to get grief .. I tell the border guy, after handing him my
>>AP, that the name is different.. "what? this isn't you?" I says, no,
>>no.. the passport is in my maiden name.." "oh, okay.. sure.." then he
>>tells me to proceed to this officer waiting.. he yells "we got a
>>parollee!" so off I go.. she is running around, yelling about someone
>>taking her pen.. and then where is her stamp.. quite the comedian
>>actually.. made for a pleasant experience.. she took the stamped one
>>and asked if that was the only one I had.. I said, well, no, I did
>>have the other and explained why.. she said good.. because the first
>>one was wrong! the original had me paroled for oh, 18 months! (good
>>value I say) however, my AOS is in a month and I have no travel plans
>>so hopefully that's the end of that process....
>>a little long but thought I would share is all. Sorry I missed the
>>Phoenix pub meet.. did they have fish and chips?
>
>
> Glad you are back without much hassle and had a fun experience to boot.
>
> For those reading this poist, this is my experience and that of many
> others (majority in fact) of reporters using AP for the first and second
> times. Our experiences deal with Canada only.
>
> First time using AP (and we used two "first" time APs since AOS took
> nearly two years), handed the entire package of paperwork to the
> examiner at the drive-in in Lake Champaign. Told to park the car and go
> into secondary for processing. Agent inside took both the first and
> second pages of the AP (no copies here only originals). The top page
> had the photo of the alien on it and the second page did not. He pulled
> off the second page from the set, went to the computer, entered all the
> data on the AP sheet, then placed the sheet in a bin. He then placed a
> stamp I-94 on the bottom right corner of the top AP sheet, stapled a
> paper card I-94 on the top left corner of the same sheet. On both he
> entered the date entering, the reason for AP "pending adjustment" and
> paroled my husband into the US "indef"/indefinitely. Indef is because
> AOS takes forever in NY and there is no way of knowing when it will
> occur. No he did not parole him into the US for the length of the
> validity of the AP and it would be misleading to the novice would not
> knowing the rules would think that being paroled into the US for longer
> than the validity of the AP means that the AP is actually valid for
> longer than the period typed on the sheet by the CIS. This has caused
> people problems with using the AP again past the official CIS validity
> date when they were foolish enough to leave and try to return to the US
> with an expired AP.
>
> Second using AP before its expiration date was nothing like the first
> time. The examiner at the drive-thru looked at the AP, noted the
> passport, and said have a nice day and waved us through.
>
> I realize that Mr. Folinskyinla has said many times that you are not to
> allow them to take the second original sheet of your AP. I disagree as
> it is common practice at many POE's and the second sheet is actually
> returned to the district office to be placed in your AOS file. He also
> tells you to make a copy of the AP and if they are insistent on taking
> the sheet to let them take the copy you brought and not the second
> original. Again I disagree for the above reason.
>
> Rete
>
Per Jason Ahearn, Assistant Commissioner for the Office of Field
Operations, Customs and Border Protection, in a meeting with the
American Immigration Lawyers Association on March 15, 2005:
"CBP officers have been instructed to retain one page of a CIS-issued
multiple entry Advance Parole upon presentation for the first time.
This is for internal records. CBP officers should not retain any other
page of a CIS-issued multiple-entry advance parole when presented during
the period of validity for subsequent entries."
If anyone has trouble with this at the border, ask (politely and
respectfully) that the officer consult IFM Chapter 16.1(b), third
paragraph, as modified by CPB Memorandum (designator OFO:IPP:BZ) dated
March 21, 2005 signed by Michael J. Hrinyak.
--
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]
================================================== =============
Aug 24th 2005, 9:57 am
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: used my AP for a second time
Originally Posted by souls canuck
Hey
I just wanted to post a positive experience!! Since there are more bad then good.. or perhaps people just dont post the good.. anyhoo, the first time I used my AP coming thru Toronto.. I had the original plus "a copy" not "the" copy as it doesn't say anywhere on it that you are to take both with you.. lets face it, unless you pour over loads of message boards you wouldnt know half this stuff anyway.. so when she filled out the form in toronto, and being rude.. asking me for my waiver (which at this point is a non issue and actually there is a notation on my K1 about this) and yelling about my copy of the Ap to which I said "well, I was told to bring the original and a copy" which she said well, don't give us this!.. whatever lady, you probably did keep it..
so this time around, coming in from Mexico.. always nervous because I do seem to get grief .. I tell the border guy, after handing him my AP, that the name is different.. "what? this isn't you?" I says, no, no.. the passport is in my maiden name.." "oh, okay.. sure.." then he tells me to proceed to this officer waiting.. he yells "we got a parollee!" so off I go.. she is running around, yelling about someone taking her pen.. and then where is her stamp.. quite the comedian actually.. made for a pleasant experience.. she took the stamped one and asked if that was the only one I had.. I said, well, no, I did have the other and explained why.. she said good.. because the first one was wrong! the original had me paroled for oh, 18 months! (good value I say) however, my AOS is in a month and I have no travel plans so hopefully that's the end of that process....
a little long but thought I would share is all. Sorry I missed the Phoenix pub meet.. did they have fish and chips?
I just wanted to post a positive experience!! Since there are more bad then good.. or perhaps people just dont post the good.. anyhoo, the first time I used my AP coming thru Toronto.. I had the original plus "a copy" not "the" copy as it doesn't say anywhere on it that you are to take both with you.. lets face it, unless you pour over loads of message boards you wouldnt know half this stuff anyway.. so when she filled out the form in toronto, and being rude.. asking me for my waiver (which at this point is a non issue and actually there is a notation on my K1 about this) and yelling about my copy of the Ap to which I said "well, I was told to bring the original and a copy" which she said well, don't give us this!.. whatever lady, you probably did keep it..
so this time around, coming in from Mexico.. always nervous because I do seem to get grief .. I tell the border guy, after handing him my AP, that the name is different.. "what? this isn't you?" I says, no, no.. the passport is in my maiden name.." "oh, okay.. sure.." then he tells me to proceed to this officer waiting.. he yells "we got a parollee!" so off I go.. she is running around, yelling about someone taking her pen.. and then where is her stamp.. quite the comedian actually.. made for a pleasant experience.. she took the stamped one and asked if that was the only one I had.. I said, well, no, I did have the other and explained why.. she said good.. because the first one was wrong! the original had me paroled for oh, 18 months! (good value I say) however, my AOS is in a month and I have no travel plans so hopefully that's the end of that process....
a little long but thought I would share is all. Sorry I missed the Phoenix pub meet.. did they have fish and chips?
BTW, I'm representing a client where he is completing his adjustment before the Immigration Judge. However, he had used his advance parole and therefore is not entitled to any bond for release from custody -- he is an "arriving alien."
A textbook case on one of the potential pitfalls of AP.
Oh, why is he in removal proceedings. The PRC put out an Interpol Report that he had a 2000 CONVICTION which occurred 2 years after his last trip to China. BTW, China does not have in absentia convictions. In their usual contempt for the law, DHS denied the AOS based upon the non-existent conviction and ICE arrested him.
The AOS will be approved in due course. But the guy will remain in custody in the meanwhile.
