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Newark AOS - Approved!

Newark AOS - Approved!

Old Dec 18th 2001, 11:14 pm
  #1  
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Hello!

Just wanted to let you all know that my wife and I went to our AOS interview yesterday and it went very well! They are now waiting for CIA clearance and said to expect a letter within 60 days for an appointment to get my passport stamped.

The interview time was 1 PM, and not expecting them to call us on time, I went to the restroom when my name was called. When I came back, my wife was inside and chit-chatting with the DAO and light-heartedly complaining that she just KNEW we would get called when I was not there

DAO Kirby was very nice and first took my fingerprints (telling me not to press - he rolled my index finger himself). I signed the form and we walked back to his cubicle in the cubicle farm. We took the oath to tell the truth. He asked us for IDs and I presented 2 driver licences, 2 passports and my medical form.

He opened the file, flipped a few pages and checked off a bunch of things. We made sure I wasn't a Nazi or a criminal or had been placed in deportation procedings.

He asked my wife my DOB and my parent's name. He asked me where we lived.

And that was IT!

He told me that the case was approved, but they were waiting for security clearnce (he may have said CIA, but I can't remember). He took out a red pad and marked my passport with New Sec 245, the date and his name, my A# and "Pending Adj." He also gave me a notice which said basically the same. He said that it usually takes about 30 days, and then to allow them another 30 days to send the notice, then I can come on a Wednesday to get my stamp. He also said that it was a good thing because we were only 10 days away from our second anniversary and this would put us over the top. I asked if my stamp would be the permanent kind and he said yes. He also said to wait for a couple of Wednesdays before coming because all DOAs send the notices about the same time and there is always a rush of people coming to get stamped. Of course, this timing means I would need to renew my EAD, but that's ok.

He then wished us well and saw us out. He was a very pleasant man and I wish him well...

Thanks to everyone who gave us advice and encouragement.

Stuff I took, which he didn't see much of, is in an old post:
http://groups.google.com/groups?hl=e...netgateway.com

Questions:
1. I thought 245 was the law that allowed for the $1,000 adjustment for overstay people? What does the New Sec.245 stamp in my passport mean?
2. When I go back, will I have to try and convince the person to give me the permanent stamp or will they know from my file? The two year rule applies to the date the petition was approved, and not the interview, correct?
3. Any experiences on the timeline for CIA approval in Newark?

I'll be SOOOO happy when I'm stamped!
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Old Dec 18th 2001, 11:40 pm
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Congratulations!

As for the Section 245 ... it is not new. Jim's legend is virtually the same as yours but hand written. not applied by stamp. He received it because our original file was missing and they would not approve it until they read the file. Duh!

The $1,000 "fee" does not apply to you. So please, forget about it.

The stamp will be for one year only. That is to cover you while you await arrival of the green card in the mail from Vermont. Vermont sends it normally within 6 to 12 weeks after receipt from the local office. Yes, the conditions are dependent on when the approval is given, not when the stamp is given. If your approval arrives before your second anniversary and the DAO approves it, it is conditional and your green card is good for two years. If it arrives and is approved after your second anniversary, then it is unconditional and your green card is for ten years.

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Old Dec 18th 2001, 11:51 pm
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Rita:

Would I have to go through an approval process again after the approval letter? I mean, I hopefully will get the letter after the DAO receives clearance and sends me the letter.

That should definately happen. We are 10 days away from year 2.

Oh, I forgot to mention that he also stamped a yellow form in my file (130?)with a red "approved".

So looks like at this point if all goes well I should have an approval letter in the mail by mid-Feb, I will go in and get a permanent stamp and the card in the mail a few months after.

Next step, naturalization in 2005!
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Old Dec 19th 2001, 2:16 am
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No more approval interviews for ya! Once you get the letter you are home free.

Be thankful that the CIA is backed up checking out all those other aliens here on various visas.

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Old Dec 19th 2001, 12:59 pm
  #5  
Andy Platt
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Congrats. Section 245 contains the law for adjustment of status - 245(i) is a
specific part of that law that doesn't apply to you.

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It does depend on when the petition is approved and they should have that in
their file.

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The interesting thing is that CIA approval isn't needed for AOS approval anymore so
I'm not sure why Newark are requiring it again (they aren't the only INS office doing
this). So far nobody "knowledgable enough" about this issue has had this problem at
their interview and questioned the interviewer on it. Can't help with a specific
timeline though

Andy.

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Old Dec 19th 2001, 1:15 pm
  #6  
Alvena Ferreira
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Andy Platt wrote:
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Several have stated they did not get their stamp due to this foible. I'm willing to
betcha that 9/11 changed that policy, although I have not seen it in print
anywhere. Just think about it: they are checking every immigrant much more closely,
from what I read...

Alvena
-----------------------
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
=========================================
 
Old Dec 19th 2001, 1:43 pm
  #7  
Andy Platt
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I'll take that bet but you might want to look at this post first:

http://groups.google.com/groups?hl=e...q.3778061%40e4
20r-sjo3.usenetserver.com&rnum=48&prev=/groups%3Fq%3Dcia%2Bgroup:alt.visa.us
.marriage-based%26hl%3Den%26scoring%3Dd%26start%3D40%26sa%3D N

You'll see that it's from 28th June.

Andy.

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