Timbenz

Here is the situation: I am a Canadian in the U.S., and had applied for
advance parole in an AOS application back in September '02. Trouble is, I
still haven't received it, and we are now only a couple of days from when
my wife and I had had planned to leave the U.S. for Xmas for two weeks.

According to the California Service Center bulletin, the INS is currently
processing I-131s more than a month past mine. A call by my wife's lawyer
(I am the spouse of someone doing an employment-based AOS) found that my
I-131 is in the hands of an INS officer. There is a chance, I'd guess,
but very small, that my I-131 will show up in the next 48 hours before
our flight.

So here are my options:
1) I can stay in the U.S. and ditch the trip home for Xmas.
2) I can leave the U.S. as planned 72 hours from now, but have my wife
and son return without me. They would send me my I-131 when it shows up
-- which shouldn't be more than a month or so, one would think.
3) I can brave INS in Toronto: show the receipt for my I-131 dating back
to September 20, show that they are currently processing dates in late
October, and ask for deferred inspection.

The first option is obviously the most sensible and least risky. But are
the other two palatable under any circumstances?

Thanks.

T.

Joe Doe

I would not go for the third option. My lawyer strongly recommended against
it. Fortunately I received my AP well in time.

Your second option may work, however its risky because INS 'assumes your
adjustment is abondened' when you leave the US without advance parole IN
YOUR HAND (even mere approval on their website is not sufficient).

Realistically, if you came back with AP in hand, I think you would be ok.
But if there is a snag in getting the AP, you better not show up without an
AP. Deffered inspection is given in extreme cases only, vacation typically
does not count as that. After 9/11, INS is even more anal about such stuff.

Not a lawyer, just an opinion.


"TimBenz" wrote in message
news:[email protected]...
    > Here is the situation: I am a Canadian in the U.S., and had applied for
    > advance parole in an AOS application back in September '02. Trouble is, I
    > still haven't received it, and we are now only a couple of days from when
    > my wife and I had had planned to leave the U.S. for Xmas for two weeks.
    > According to the California Service Center bulletin, the INS is currently
    > processing I-131s more than a month past mine. A call by my wife's lawyer
    > (I am the spouse of someone doing an employment-based AOS) found that my
    > I-131 is in the hands of an INS officer. There is a chance, I'd guess,
    > but very small, that my I-131 will show up in the next 48 hours before
    > our flight.
    > So here are my options:
    > 1) I can stay in the U.S. and ditch the trip home for Xmas.
    > 2) I can leave the U.S. as planned 72 hours from now, but have my wife
    > and son return without me. They would send me my I-131 when it shows up
    > -- which shouldn't be more than a month or so, one would think.
    > 3) I can brave INS in Toronto: show the receipt for my I-131 dating back
    > to September 20, show that they are currently processing dates in late
    > October, and ask for deferred inspection.
    > The first option is obviously the most sensible and least risky. But are
    > the other two palatable under any circumstances?
    > Thanks.
    > T.