Advance parole (travel) question
Jan 29th 2002, 6:54 pm
#1
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Thread Starter
Joined: Jan 2002
Posts: 9
A relative came to the US as a tourist (no tourist visa-only 90 day stay tourist) almost 2 years ago. He now got married to a US citizen and is wondering if this affects his AOS procedures. He also wants to know in case of having to go back to his home country between the time of the EAD and the AOS interview and returns back into the US, will he encounter problems with the INS? Or, shouldn’t there be any problem if he just shows the legal travel document (advance parole) to the INS? Any advice is appreciated - Thank you.
Jan 29th 2002, 6:58 pm
#2
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Thread Starter
Joined: Jan 2002
Posts: 9
More questions...
Which state or city is known to be kind of quicker between the time of EAD approval and AOS interview? I've heard Hartford, CT and Philadelphia, PA is just about 3 months to get an interview. Is that correct?
Since, his dad has now some health issues back home in his home country and if something seriously would happen to his dad. What is he supposed to do? He cannot just forget about his dad then, right? In emergency would there be a resolution in this case? Or, is the INS just not HUMANE?
Since, his dad has now some health issues back home in his home country and if something seriously would happen to his dad. What is he supposed to do? He cannot just forget about his dad then, right? In emergency would there be a resolution in this case? Or, is the INS just not HUMANE?
Jan 29th 2002, 7:27 pm
#3
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Joined: Apr 2001
Posts: 46,390
Mickey
Your friend seemed to forget about his Dad for the two odd years he was here illegally in the United States. Unfortunately, the approval for an EAD and the AOS interview are not entwined. It is the filing of the AOS application and the interview that are. Some offices are quicker and some more lengthy and you don't get to pick and choose the one you have to deal with.
As for your friend filing for AOS and getting and using A/P, he can forget that all together. He can file for AOS but if he is unfortunate enough to have the A/P issued by the local INS office and he uses it, then he will be barred from entering the US for up to 10 years. He is more than 180 days over the expiration of his legal stay under the VWP. He is over a year out of status. Being married to a USC does not cancel that overstay if he leaves the country before the AOS is complete.
It is not a matter of the INS not being humane. It is a rule of the INS and it applies to everyone. If he can leaves the US while awaiting the AOS interview, then his wife will have to file an I-130 for him while he waits outside of the US and then he will need a waiver after the I-130 is denied at the the US Consulate.
Sorry about the bad news. He played with the rules by living here in the US without INS permission and that is one of the prices he has to pay for doing so.
Rita
Your friend seemed to forget about his Dad for the two odd years he was here illegally in the United States. Unfortunately, the approval for an EAD and the AOS interview are not entwined. It is the filing of the AOS application and the interview that are. Some offices are quicker and some more lengthy and you don't get to pick and choose the one you have to deal with.
As for your friend filing for AOS and getting and using A/P, he can forget that all together. He can file for AOS but if he is unfortunate enough to have the A/P issued by the local INS office and he uses it, then he will be barred from entering the US for up to 10 years. He is more than 180 days over the expiration of his legal stay under the VWP. He is over a year out of status. Being married to a USC does not cancel that overstay if he leaves the country before the AOS is complete.
It is not a matter of the INS not being humane. It is a rule of the INS and it applies to everyone. If he can leaves the US while awaiting the AOS interview, then his wife will have to file an I-130 for him while he waits outside of the US and then he will need a waiver after the I-130 is denied at the the US Consulate.
Sorry about the bad news. He played with the rules by living here in the US without INS permission and that is one of the prices he has to pay for doing so.
Rita
Jan 29th 2002, 9:27 pm
#4
Guest
Posts: n/a
Find current EAD/AOS projected times for INS offices here:
http://members.aol.com/MDUdall.instimes.htm Alvena
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Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
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I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
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Mickey123 wrote:
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http://members.aol.com/MDUdall.instimes.htm Alvena
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Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
Mickey123 wrote:
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