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3 Questions: LA Office, Advance Parole (RE: Multiple Entries/ Alien Unlawfully Present/ Resuming AOS

3 Questions: LA Office, Advance Parole (RE: Multiple Entries/ Alien Unlawfully Present/ Resuming AOS

Old Jan 29th 2001, 1:49 pm
  #1  
Jrcuervo25
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New to the group, intend to chip in with my experiences, so far, but my initial catalyst
for writing you all is to receive info, rather than give

My wife and I have a pending AOS app with the Los Angeles Office. We have just recieved
our approved Advance Parole I-512 Form (went to office in person to get). Our bio is below
(so you dont have to read whole post), but just had three quick questions, Please give me
your 2 cents!!!

1) The I-512 Advance Parole Form indicates that it is valid for "MULTIPLE ENTRIES- VALID
UNTIL 1/28/2002." We had only requested a one shot visit to wife's family in Mexico.
Does this mean what I hope it means? Can my wife freely travel to and from Mexico
until next year??? (I fully plan to make our frist trip as if it will be our only one-
and will use my experience upon re-entry as a guide, BUT if you know the answer- would
love to get it)

2) The LA Office letter accompanying the I-512 indicates, "Your req for Advance Parole
has been approved, but you may be found inadmissable for AOS as an Alien unlawfully
Present in the US, if you use . . ." The actual I-512 form states: "If . . . you
were unlawfully present in the US for more than 180 days before applying for AOS,
you may be found inadmissable . . . when you return to US to resume the processing
of your application." Are this the same thing? My wife was never in the US illegally
(she was granted a K-1 fiance visa from my I-129F). In other words, are these
warnings, not applicable to my wife and I? Can we use the I-512 w/o damaging our
greater goal (the AOS)?

3) Finally, there is alot of language in the letter and I-512 which talks about resuming
the I-485 application after reenty? When we get back, do I have to take active steps
to resume my AOS application? In the LA Office there is a 2 year backlog for AOS apps?
We had applied last July. Does this 2 year period start all over again, next January
(or whenever I "resume my AOS application by reentering?") Or, instead, does all this
mumbo jumbo mean that with the I-512, my wife can leave and reenter the US w/o her
application being considered abandoned by leaving the US?

(AS YOU CAN TELL- I AM A WORRYER!!!! This has served my well so far.)

Please reply with your experiences (especially in LA- the WORST customer service
office?) -Jose

- - - - - - - - - - - - - - Our Bio: I am a US Citizen of South American descent. My wife
is from Mexico. We decided to get married in 1999 and began our process by my mailing
the I-129F application to our District Service Center in Laguna Niguel, CA. This
application was delayed b/c of insufficient evidence of a valid relationship (the app
didnt ask for much and I didn't know of this newsgroup at the time). I sent in the
requested proof and our app was approved. We were notified in late February that our
application had been forwarded to the US Consulate in Juarez (which sucks? I live in
California why did we have to drive all the way to the Texas border???). The Juares
consulate forwarded our open appointment date in March. We spent the month of March
gathering her passport and other records for the K-1 visa fiance interview. TIPS!!!
TIP#1: The Mexican passport can be obtained in 1-2 days in Tijuana. Just get to the
Office (by the border taxi parking lot) very early (5-6am). Befriend one of the many
"helpers." These guys, for a small fee, will take care of your photos, your formulary#
5, the notorization, and a spot at the front of the line!!! heheheh Just bring the birth
certificate, ID, the fee (like $30, and a relative's birth certificate (there are other
evidence options). TIP#2: You do not need a letter from the local police in every town
she has lived in (at least for MEXICO). That is only for certain countries. My fiance
(at the time) and I decided to drive to Juarez (the drive took us 3 days on the Mexican
side and only 1 day from El Paso to Los Angeles). On the Mexican side- the drive is
pretty scary- you better like dark, curvy Mountain driving- or take a plane. We had our
medical appointment and K-1 fiance visa all in one day- April 3,2000 (TIP: If she is
pregnant, she does not have to get any immunizations- blanket waiver). We crossed the
border on the 4th. We waited almost the full 3 months to marry (hey, its got to last
forever, huh?). On June 18, 2000 we were married in Las Vegas. TIP: You do not have to
apply for AOS w/in 3 months- but you do need to make every effort to marry w/in 3
months. We applied in early July (the 5th ot 6th- by mail). At the same time, we applied
for AOS- we also applied for her Employment Authorization and her Advance Parole. In
August, we recieved a receipt which stated that our AOS application had a control date
of July 26th and the interview letter should arrive w/in 25 months from then. It also
gave us the appt to pick up her Employment Authorization Card. TIP: You can not enter
the room with your wife at the Employment Authorization Room. This also sucks b/c my
wife does not speak English and the INS in LA doesn't see the need for their employees
to speak Spanish (read: we waited all day- until I guilt tripped the guard into letting
me in I was pushy). ANOTHER TIP: by this time you are married and you may want to have
her employement authorization to reflect her married name. Apparently the INS has no
ability to look stuff up on electronic records b/c even though my marriage certificate
was on file with them for my AOS app- I had to bring another copy for them to put her
name. TIP: Do this, it makes it alot easier at the Social Security office- perhaps
rivaling INS in horrendous customer service- but at least they are pretty quick- cant
say the same about INS). In september I moved, per a call to the INS nat'l hotline and
the LA office's own printed materials, I mailed my chage of address via certified mail-
return reciept requested. Last week, I still had not rec'd anything from INS to confirm
they had my new address or about my I-131 (Petition for Advance Parole)- though back in
August they mailed me the recipt which showed the $95 bucks I payed for it. I went to
the office in person. I was there at 3am (and there was already a line). The office
opened at 6pm and I was talking to a human by 6:45am. The human did confirm they had my
new address. PHEW!!! They also advised that as of this month they were doing AOS apps
from late 1998 ( I still got a year and a half, I guess?). Finally, they referred me
upstairs to the Advance Parole unit at room 2050- you need a referral to get any service
at room 2050. After waiting from 7:30 am to
11:30am and demanding to speak to a supervisor, I was advised that my I-131 was approved
and mailed already. They could not confirm a date or where they mailed it. They refused
to take further action on that application ($95 down the tube). The supervisor took
pity on me though and told me that if I came in person and did another app, she would
get an answer the same day. I went today at 7:30 am. The supervisor spoke to me by 10am
and allowed me to pay for my new app upstairs at a special cashier (I think you also
need to be referred there or else you are waiting in the LONG line outside). TIP: I
dont know if this is the exception or the rule, but I did not have an emeregency
listed. I just said I wanted my baby and wife to be able to vsit my wife's family in
Mexico. TIP: The Room 2050 is currently very busy and expect long waits, even if you
are referred to that room- there are currently alot of people from El Salvador seeking
AP b/c the earthquake. Anyway, by 1pm I had my wife's Advance Parole, in hand!!! Sorry
for the longwinded story, but hope it helps one person. -Jose
 
Old Jan 30th 2001, 12:57 am
  #2  
Andy Platt
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New to the group, intend to chip in with my experiences, so far, but my initial
> catalyst for writing you all is to receive info, rather than give
>
> My wife and I have a pending AOS app with the Los Angeles Office. We have
just
> recieved our approved Advance Parole I-512 Form (went to office in person
to
> get). Our bio is below (so you dont have to read whole post), but just
had
> three quick questions, Please give me your 2 cents!!!
>
> 1) The I-512 Advance Parole Form indicates that it is valid for "MULTIPLE ENTRIES-
> VALID UNTIL 1/28/2002." We had only requested a one shot visit
to
> wife's family in Mexico. Does this mean what I hope it means? Can my
wife
> freely travel to and from Mexico until next year??? (I fully plan to make
our
> frist trip as if it will be our only one- and will use my experience upon re-entry as a
> guide, BUT if you know the answer- would love to get it)

Yes. I'ved used mine four times so far.

> 2) The LA Office letter accompanying the I-512 indicates, "Your req for
Advance
> Parole has been approved, but you may be found inadmissable for AOS as an
Alien
> unlawfully Present in the US, if you use . . ." The actual I-512 form
states:
> "If . . . you were unlawfully present in the US for more than 180 days
before
> applying for AOS, you may be found inadmissable . . . when you return to
US to
> resume the processing of your application." Are this the same thing? My
wife
> was never in the US illegally (she was granted a K-1 fiance visa from my I-129F). In
> other words, are these warnings, not applicable to my wife
and I?
> Can we use the I-512 w/o damaging our greater goal (the AOS)?

Yes. Basically when your wife enters using AP she has slightly less rights than if she had
stayed here. For most people this doesn't change a single thing - the exception being
those who had aquired enough illegal presence to be subject to the 3/10 year bans. Since
your wife hasn't, no problem.

> 3) Finally, there is alot of language in the letter and I-512 which talks about
> resuming the I-485 application after reenty? When we get back, do I
have
> to take active steps to resume my AOS application? In the LA Office there
is a
> 2 year backlog for AOS apps? We had applied last July. Does this 2 year period start all
> over again, next January (or whenever I "resume my AOS application by reentering?") Or,
> instead, does all this mumbo jumbo mean
that
> with the I-512, my wife can leave and reenter the US w/o her application
being
> considered abandoned by leaving the US?

Your last sentence hits it right on the head - without the AP she would have abandoned her
AOS, with it she hasn't. No need to take any action.

Andy.

P.S. No need to worry either!

--
I'm not really here - it's just your warped imagination.
 

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