Amadeus

A colleague of mine (a USC) married an Irish guy last summer. Having been through hell with NYC DO, I told her about the infamous pilot program and suggested that if she and her hubby don't want to go through the same hell (33 months of waiting!), they should take advantage of the pilot program.

Long story short - due to their foolishness and tardiness they waited until Dec 04 to file for AOS. Allegedly they were told they made it just in time since the USCIS was about to wrap it up with the pilot program.
Today she got a call from her lawyer who said that he had just received a "newletter" from the USCIS stating that if an applicant haven't received an interview notice by January 26 it means they are no longer under pilot program and regular waiting time (2+ years) apply to them.

Needless to say, she's devasted (hubby overstayed VWP for 2 days and no isn't eligible for AP and cannot leave the country until their case has been adjudicated).

I wonder.... has anyone else heard of such newsletter from the USCIS??

Rete

Yes, I posted two weeks ago that the pilot program officially ended on January 27th.

Rete

Why can't he use Advance Parole? It is only if you overstay 180 days or more. Two days is 178 days shy of that. She has an attorney and I believe she should ask that question of him.

Amadeus

Rete:

It's my understanding that any overstay under 180 days triggers 3 year ban and everything beyond 180 days - a 10 year ban.

Even the USCIS web site honestly warns not to leave the country if overstayed EVEN if AP was issued.

As far as the program ended on Jan 27.. I knew that too but I interpreted it was whoever managed to file prior to Jan 27 is still under pilot program and whoever filed later is no longer included.

Rete

As to the program: No as I posted back then from information read in Allan Wernick's immigration column and from his addressing our class last month, if you had not yet been assigned an appointment by January 27th, you were SOL. I'm only recounting what I read and was told by an immigration attorney and professor of law for CUNY.

Your understanding as to the number of days O/S is incorrect. 180 days up to 364 days is 3 years and 365 days and over is 10 years. And yes, if you are issued A/P with an overstay of 180 days or more one should not take it to be approval from USCIS that it is safe to use. The A/P has a disclaimer that tells you this. Just so others know, the ban kicks in when you leave the country. If you don't leave and successfully AOS then the O/S is no longer an issue.